HomeMy WebLinkAbout56-14 NC DMF AR 360Permit Class it S.
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and _
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
56-14
Issued to NC Division of Marine Fisheries, PO Box 769, Morehead City, NC 28557
Authorizing development in the Atlantic Ocean, aoorox 3 NM NE of New Topsail Inlet, as requested in the
petmittee's application dated 4/29/14 including the attached workplan drawings (4) all dated
This permit, issued on June 26, 2014 , is subject to compliance with the application (where consistent with the permit),
all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to
fines, imprisonment or civil action; or may cause the permit to be null and void.
Artificial Reef — AR 360
1) Unless specifically altered herein, this permit authorizes the placement of additional material at artificial
reef AR-360, all as expressly and specifically set forth in the attached permit application and workplan
drawings. No other structure, whether submerged, floating or stationary, shall become a permanent part
of this artificial reef without permit modification. No non -water dependent uses of structures shall be
conducted on, in or over public trust waters without permit modification.
(See Attached Sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2017
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENK and the
Chairman of the Coastal Resources Commission.
RECEIVED
Braxton C. Davis, Director
UL 0 1 2014 ivision of Coastal Management
rJl)cm-MHDCTTY
This permit and its conditions are hereby cepled.
Signature 5Prmittee
NC Division of Marine Fisheries
a
Permit # 56-14
Page 2 of 2
j ADDITIONAL CONDITIONS
2) e r� aterial shall be free from loose dirt or any pollutant. The material shall be of a size sufficient
to prevent their movement from the approved alignment by wave or current action.
3) No fill material shall be placed at any time in any waters outside of the alignment of the fill areas
indicated on the attached workplan drawings.
U.S. Army Corps of Enaneers (USACE) Requirements
4) Construction shall not proceed until the North Carolina Division of Marine Fisheries (NCDMF) has
obtained approval from the Fifth U.S. Coast Guard District, Portsmouth, Virginia, for the location and
clearance depth and all necessary navigational aid permits required by the U.S. Coast Guard and
furnished copies to the Wilmington District.
5) This permit does not authorize the placement of material within any rock outcroppings/hard bottoms.
6) The permittee will notify the NOAA/National Ocean Service, in writing, at least two weeks before work
begins and upon completion of the work. Their email address is ocs.ndbna.noaa.gov and their mailings
address is: Department of Commerce, NOAA, Nautical Data Branch, N/CS261, Station 7331, 1315
East-West Highway, Silver Spring, MD 20910.
General
7) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused
thereby, without expense to the United States or the state of North Carolina. No claim shall be made
against the United States or the state of North Carolina on account of any such removal or alteration.
8) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development may require a modification of this permit. Contact a representative of the
Division of Coastal Management at (910) 796-7215 prior to the commencement of any such
activity for this determination.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2014-00550 which was issued on 6/23/14.
Permit Class
-NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
56-14
sued to NC Division of Marine Fisheries, PO Box 769, Morehead City, NC 28557
uthorizing development in the Atlantic Ocean, approx. 3 NM NE of New Topsail Inlet, as requested in the
ermittee's application dated 4/29/14 including the attached workplan drawings (4), all dated
"This permit, issued on dune 26, 2014 , is subject to compliance with the application (where consistent with the permit),
all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to
fines; imprisonment or civil action; or may cause the permit to be null and void.
Artificial Reef — AR 360
�1), ; Unless specifically altered herein, this permit authorizes the placement of additional material at artificial
reef AR-360, all as expressly and specifically set forth in. the attached permit application and workplan
drawings. No other structure, whether submerged, floating or stationary, shall become a permanent part
of this artificial reef without permit modification. No non -water dependent uses of structures shall be
conducted on, in or over public trust waters without permit modification.
3 (See Attached Sheets for Additional Conditions
1 This permit action may be appealed'by the permittee or Signed by the authority of the Secretary of DENR and the
other' qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date An appeal requires resolution prior to work initiation or
continuance as the case maybe. v,
,This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered i Braxton C. Davis, Director
hereunder requires further Division approval. ivision of Coastal Management
All work must cease when the permit expires on
This permit and its conditions are hereby accepted.
December 31, 2017
In issuing this permit, the State of North Carolina agrees that
your ,project is consistent with the North Carolina Coastal Signature of Permittee
Management Program.
NC Division of Marine Fisheries
Permit # 5644
Page 2 of 2
ADDITIONAL CONDITIONS
I 2) The reef material shall be free from loose dirt or any pollutant. The material shall be of a size sufficient
I to prevent their movement from the approved alignment by wave or current action.
'No fill material shall be placed at any time in any waters outside of the alignment of the fill areas
p M indicated on the attached workplan drawings.
U.S. Army Corps of Engineers (USACE) Requirements
4y; `; Construction shall not proceed until the North Carolina Division of Marine Fisheries (NCDMF) has
obtained approval from the Fifth U.S. Coast Guard District, Portsmouth, Virginia, for the location and
` clearance depth and all necessary navigational aid permits required by the U.S. Coast Guard and
furnished copies to the Wilmington District.
5)' This permit does not authorize the placement of material within any rock outcroppings/hard bottoms.
6) The permittee will notify the NOAA/National Ocean Service, in writing, at least two weeks before work
Y-
' begins and upon completion of the work. Their email address is ocs.ndbna,noaa.aov and their mailings
address is: Department of Commerce, NOAA, Nautical Data Branch, N/CS261, Station 7331, 1315
East-West Highway, Silver Spring, MD 20910.
jy)b`s: �,` General
4 ` 3
7) The permittee understands and agrees that, if future operations by the United States requires the
-removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
F opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
1. _ :due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused
thereby, without expense to the United States or the state of North Carolina. No claim shall be made
against the United States or the state of North Carolina on account of any such removal or alteration.
8) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
s: written approval of the Division of Coastal Management.
9) . :The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE. This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
z
NOTE: Future development may require a modification of this permit. Contact a representative of the
Division of Coastal Management at (910) 796-7215 prior to the commencement of any such
activity for this determination.
The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2014-00559 which was issued on 6/23/14.
DON NP4
APPLICATION for
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
North Carolina Division Of Marine Fisheries
AR-360 Topsail Reef
Applicant 1: First Name
MI
Last Name
Harry
C
Hardy
Applicant 2: First Name
MI
Last Name
Gregory
W
Bodnar
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
3441 Arendell St
769
Morehead City
NC
ZIP
Country
Phone No.
FAX No. -
28557
USA
252-808-8053 ext.
252-726-9218
Street Address (d different from above)
City
State
ZIP
Email
Craig.Hardy@nodenr.gov Gregg.Bodnar@ncdenr.gov
2. Agent/Contractor Information
Business Name
N/A
Agent/ Contractor 1: First Name
MI
Last Name
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
ZIP
Phone No. 1
ext.
Phone No. 2
ext.
FAX No.
Contractor #
Street Address (d different from above)
City
State
ZIP
Email
awvwrc�
<Form continues on back> RECEIVED
9 MAY 12 2014 DCM WILMINGTON, NC
252.808.2808 :: 1.888.4RCOAST :: www.nccoas
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Pander
WA
Subdivision Name
Clty
state
Zip
Topsail Beach (nearest)
NC
28445 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
- - ext.
I I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Onslow Bay River Basin
Onslow Bay, Atlantic Ocean approximately 3nm from New
Topsail Inlet
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Onslow Bay, Atlantic Ocean
e. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes ®No
work falls within.
State Waters
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
N/A
7,753,680sq.ft. (178 acres)
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
N/A, I I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
-44 FSW ®NHW or ❑NWL
e. Vegetation on tract
None
f. Man-made features and uses now on tract
Existing artificial reef material. Reinforced concrete pipe (2.75 and 0.26 acres), pre -fabricated concrete Reef Balls (32) and
1 prefabricated concrete "H" unit designed by NCDMF. Please refer to the narrative for additional information on material
description.
g. Identify and describe the existing land uses adiacent to the proposed project site.
Residential and Commercial
h. How does local government zone the tract?
1. Is the proposed project consistent with the applicable zoning?
N/A
(Attach zoning compliance certificate, if applicable)
❑Yes ❑No ISINA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No ®NA
National Register listed or eligible property?
<Form continues on next page> RECEIVED
r` MAY 12 2014 DCM WILMINGTON, NC
2014
252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmaro.Lnet
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ❑Yes ®No
(ii) Are there coastal wetlands on the site? []Yes ®No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
N/A
o. Describe existing drinking water supply source.
N/A
p. Describe existing stone water management or treatment systems.
N/A
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Govemment
❑Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Provide habitat for recreationally and commercially important finfish species. These structures will provide essential fish
habitat for juvenile and adult life stages of finfish, crustaceans and invertebrates. Anticipated activities include recreational
fishing and scuba diving.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
A commercially contracted vessel will be utilized to deploy all materials within locations predetermined by the NC Division of
Marine Fisheries (DMF), artificial reef personnel. DMF artificial reef personnel will be on site during all deployments to mark
locations, monitor activities, and ensure permit adhearance.
d. List all development activities you propose.
A 1.68 acre grid has been established for the deployment of internment reef balls contracted through Eternal Reefs, Inc
(Figures 3 and 4 within the project narrative). The 1.68 acre grid has space available for 150 Eternal Reef Balls (Bay, Pallet
and Ultra) to be deployed during the permit timeframe.
e. Are the proposed activities maintenance of an existing project, new work, or both? Both
f. What is the approximate total disturbed land area resulting from the proposed project? New 1.68 Existing 3.19
❑Sq.Ft or ®Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes []No []NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Location is approximately 3 nautical miles from New Topsail Inlet and has no potential discharge possibility.
I. Will wastewater or stormwater be discharged into a wetland? []Yes ❑No ®NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA
j. Is there any mitigation proposed? []Yes []No ®NA
If yes, attach a mitigation proposal.
<Form continues on back> JW RECEIVED RECEIVEDDCM WILMINGTON, NC
252-8U8-2808 .. 1-888-4RCOASr .. www.nccoastal4Linagement.net
DCM N9ID CPCY
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (i) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Phone No.
Address
Name Phone No.
Address
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permitlee, and issuing dates.
US Army Corp of Engineers general permit #198500194 Expires December 31, 2016
h. Signed consultant or agent authorization forth, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify
•� that the information provided in this application its truthful tothebest of my knowledge.
Date G10/� Print Name f1Apwcy �- • i liVLO
Signature RECENED
Please indicate application attachments pertaining to your proposed project. MAY 12 2014
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts g
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information DCN'•N!t1DC'-TY
RECEIVED
DCM WILMINGTON, NC
252-808-2808 :: 1-888-41 :: www.nccoastalmanagement.ne ittA.I "
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL)
stabilization
Length
382
Width
191
Avg. Existing
NA
NA
44ft at MLLW
Depth
Final Project
NA
NA
40ft
Depth
1. EXCAVATION ®This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
(ii) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
c. (i) Do you claim title to disposal area?
❑Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner
d. High -ground excavation in cubic yards.
RECEWW
MAY 12204
DC V,N!uD C7Y
This section not applicable
area
d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
(ii) If yes, where?
e. (i) Does the disposal area include any coastal wetlands/marsh f.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
(ii) Describe the purpose of disposal in these areas:
(i) Does the disposal include any area in the water!
❑Yes ❑No ❑NA
(ii) If yes, how much water area is affected?
RECEIVED
DCM WILMINGTON, NC
252.808.2808 :: 1-888-4RCOAST :: wv mccoastatmanagement.net s d. Q/08
,Form DCM MP-2 (Excavation and Fill, Page 2 of 3)
3. SHORELINE STABILIZATION ®This section not applicable
(If development is a wood groin, use MP4 — Structures)
a. Tvoe of shoreline stabilization: b. Length:
❑Bulkhead ❑Riprap ❑Breakwater/Sill []Other: _ Width: _
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill _ Riprap
Breakwater/Sill Other
1. Source of fill material.
f. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes []No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ®Yes []No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or
(ii) Amount of material to be placed in the water Dependant other wetlands (WL)? If any boxes are checked, provide the
on size of Reef Ball. Bay Ball = 750lbs. Pallet Ball = 2.200lbs number of square feet affected.
and Ultra Ball = 4 500lbs. At 150 total units of lamest Reef Ball ❑CW ❑SAV _ ❑SB
size (Ultra) = 676,0001bs (405 tons). ❑WL ®None
(iii) Dimensions of fill area 382' x 191' (1.68 acres) (ii) Describe the purpose of the fill in these areas:
Average depth on site = 44ft. N/A
Proiect depth = 40ft.
Material profile = 4ft.
(iv) Purpose of fill
The goal of North Carolina's artificial reef program is to
develop, maintain, evaluate and administer a successful
system of artificial reefs as an integral part of North
Carolina's marine fisheries management program, so as to
enhance marine fisheries habitat and public fishing and
diving opportunities.
RECEIVED
MAY 12 2014
DCM-b±'IDCITY
I& GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
Concrete weights approximately 2.5 times water. Fill material was TBD. Typically the Reef Balls are lowered into the water and
designed to resist movement after deployment. Weight per unit released at or near the waters surface. The units then sink
ranges from 750lbs to 4,500lbs. These materials are common straight down and settle on the bottom.
to artificial reef construction and have proved durable and stable
and have been used in NC artificial reef enhancements within
ocean waters.
c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipmKyft®Yes []No ❑NA site? []Yes ®No ❑NA DCM WILMINGTO
N, NC
252.808.2808 :: 1-888-4RCOAST :: www.nccoastaimana.qement.net r is d: 1 106
,Form DCM MP-2 (Excavation and Fill, Page 3 of 3)
(ii) If yes, explain what type and how they will be implemented.
Site is currently marked with one yellow 12' spar buoy with
approximately 6 visible above the surface of the water. Buoy is
secured to bottom via chain and a concrete sinker. Buoys are
equipped with an internal radar reflector and reflective tape.
Buoy is marked with AIR#, NC Division of Marine Fisheries, 1-
800-682-2632, and a Sportfish Restoration Funding logo.
Dallf-
i44114-0-1419 f4 d".
Project Name
.e anelplow v G ie�,
Applicant Name it. ,ev',
pp&ant Signjfure
III) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
RECEIVED
r.
MAY 12 2014
DCM-MHDCITY
RECEIVED
DCM WILMINGTON, NC
252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12. 26 oG
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Figure 1: AR-360 Topsail Reef Legenip MAY 12 2014
Artificial Reef AR-360 is located off Topsail Beach in Pander County, approximately 3 — 145 res
nautical miles northeast of New Topsail Inlet in approximately 44 feet of seawater.
bCM MHD C1Ty
0 0.5 1 2NauticalMile s on:lm
W E pellder
Onslot
NC DM Date:
Reef Program S • Bay
Date:4/42014 Nnovo
Pagel of 4 9&�
O€� � VIoe4: ELrl OHM
OPA, atlonal Oeoglaphic, pty, National Geographic,
RECEIVED
DCM WILMINGTON, NC
APR 3 0 2014
Figure 2: AR-360 Topsail
Reef Current Materials
Current boundary (517 yds x 997 yds @ 105 acres) with proposed expansion
boundary (827yds x 1,043yds @ 178 acres). Current
material includes a Reef
Bell patch reef (standard and internment) and two concrete pipe patch reefs.
Legend
• RB
P 0 150 300
600 Yards
• Internment RB
W+E I
i
�178 Acres
s
—105 Acres
onalow
NC DMF Artificial Reef Program
9
P.M.,
(711s1u!
OAR-360 Natural Bottom
Date: 4*2014
• Rut/
O H Unit
Page 2of4
sri.0 B
HmH776'
ORCP0.26Acres
OM,
Rlonal Gm au D hic,
Vrp/: Esri, GE8c0,
pp, Na
ORCP 2.75 Acres
RECEIVED
DCM WILMINGTON, NC
MAY 1 2 2014
DCM-MHD MY
Figure 3: AR-360 Topsail Reef Proposed Internment Section
A 1.68 acre grid has been established for the deployment of
internment reef balls contracted through Etemal Reefs, Inc. The
two acre grid has space available for 150 Eternal Reef Balls (Bay,
Pallet and Ultra) to be deployed during the permit timeframe. Legend
e RB
• IntemmentRS
� $
0 175 350 700Feet
—1.6BAcreInternment Section
3
— 178 Acres
—105Acres
°
an.iow..
NC DMFArtificial Reef Program
Data: 4142014
Penner
"'1 `ItII
O H Unit
MAY
PagB3of4
gS=,ational
But,ORCP0.25Acres
1 2 9�±4
.w Hanover
ES,,.
O RCP 2.75 Acres
ri, G
uroea: GEBCO.
Geograir
AA, National Geogragnic.
O AR-360 Natural Bottom
nrA4-enmrrrp
RECEIVED
DCM WILMINGTON, INC
APR 3 0 2014
Figure 4: AR-360 Topsail Reef
Proposed Internment Section
Exploded View
'awn to scale
/Minimum Vertical Clearance 29'
__�Depth to material 40'
nn-
Reef Ball Metrics (left to right)
Ultra
Width
5.5ft.
Height
4.311.
Footprint
23a1112
Pallet
VAdth
aft.
Height
2.9ft.
Footprint
12bft2
Bay
11VIdth
aft.
Haight
2ff.
Footprint
7.1fQ
The 1.68 acre patch reef (approximately 382ft. x 191ft.) has 15 grids with each grid 76ft x 63ft. Each grid has space available for 10 Eternal
Reef Balls (Bay, Pallet and Ultra).
Ois1i NC DMF Artificial Reef Program
P•^^•r Date: 4/42014
n n Off slo
K • Buy Page of _
§ X W�E " w Hnor•1
r m 0 70 140 280 Feet r G .rres' Ezri. GEBCO,
m 1 i i i OAA, aeona1 Geographic, qp, National Geographiq
Z
�m
C)o
z
z
Ow"i'm
gig;;( It Z014
()CIA -MOO"
z
0
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2014-00559 County: Pender State Permit#: 5656=14
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Mr. Harry Hardy
North Carolina Division of Marine Fisheries
3441 Arendell Street
Morehead City, North Carolina 28557
Telephone Number:
Size (acres) 1.68 (178 total)
Nearest Waterway Atlantic Ocean
Coordinates Latitude:34.35028
Longitude:-77.60305
Location description: The protect area is located at the above described coordinates in the Atlantic Ocean, off
Existing Reef- NE 34a 20.980' / 77o 36.084'
SE 34- 20.8001177o 35.864'
SW 34o 20.452' / 77o 36.285'
NW 34- 20.633' / 77o 36.497'
Proposed Reef - NE 34a 21.105 / 77o 36.182
SE 34- 20.8111 77o 35.838
SW 34o 20.452 / 77a 36.285
NW 34a 20.746 / 77a 36.628
Description of projects area and activity: AR-360. This verification authorizes the discharge of fill material into
2 3t 7 smuare feet (0.053 acres) of waters of the United States for the expansion of an artificial reef site known
as AR-360.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: GP 291
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with
the attached conditions and your submitted CAMA application and information dated April 19, 2014. Any
violation of the attached conditions or deviation from your submitted plans may subject the permittee to a
stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the
authorization.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers
regulatory program, please contact Ronnie Smith at 10-251-4829 or b email at
rounie.d.smithCa,usace.armv.mil ECI VED
Corps Regulatory Official: Ronnie Smith Date: Jul 0 2Q14
Expiration Date of Verification: December 31, 2016
nCV-MHDC!TV
SAW-2014-00559
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ® There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. Z There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID: SAW -
Basis For Determination: The Atlantic Ocean is subject to the ebb and flow of the tide and is
used to transport interstate and foreign commerce and is a navigable water of the United States pursuant to
the policies and criteria found at 33 CFR 329.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for
the particular site identified in this request. The delineation/determination may not be valid for the wetland
conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or
anticipate participation in USDA programs, you should request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as
indicated in B and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you
request to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1 OM15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
a
SAW-2014-00559
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by
September 1, 2014.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence."
Corps Regulatory Official:
Ronnie mith
Date of JD: July 2, 2014
Expiration Date of JD: July 2, 2019
The Wilmington District is committed to providing the highest level of support to the public. To help us
ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
http://reug_latory.usacesurvev.com/.
Enclosures:
GP 291 Conditions
CAMA Permit
Copy Furnished without Enclosures:
Mr. Jonathon Howell
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Mr. Jason Dail
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Joanne Steenhuis
North Carolina Department of
Environment and Natural Resources
Division of Water Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Fritz Rhode
JUL 0 7 2014
DCM-MHD CTTY
SAW-201"0559
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Ms. Karen Higgins
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, GA 30303-8960
BOSN3 Joseph M. Edge
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Rd
Atlantic Beach, NC 28512
National Ocean Service
NOAA, Department of Commerce
3 Nautical Data Branch
N\CS26, Station 7316
1315 East-West Hwy., RM 7316
Silver Spring, Maryland 20910-3282
National Geospatial-Intelligence Agency
7500 GEOINT Drive
Springfield, Virginia22150
Assistant Secretary of the Army
Manpower and Reserve Affairs
ASA (IL&E)
110 Army Pentagon
Washington, D.C. 20310-50110
Director
Southeast Region
National Marine Fisheries Service
263 1 P Avenue South
St. Petersburg, Florida 33701
National Marine Fisheries Service
1315 East-West Highway
Silver Spring, Maryland 20910
RECEIVED
s
JUL 0 7 2014
DCM-MffD CITY
DER
- - - North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
June 26, 2014
NC DMF
Attn: Harry Hardy
P.O. Box 769
Morehead City, N.C. 28557
Dear Sir or Madam:
. The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge. and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by
you and it must be available on site when the project is inspected for compliance. Please sign both the original and the
copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have
waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or
113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days .
of this decision on younpermit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work.must be carried
out in accordance with your application. Modifications, time extensions, and future maintenance requires additional
approval. Please read your permit carefully prior to starting work and review all project plans, as approvedA fyou are
having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that you
complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit
conditions, environmental safeguards or problem areas, you may contact Department personnel at any time for assistance.
By working in accordance with the permit, you will be helping to. protect our vitally important coastal resources.
incerely,
Enclosure
Douglas V. Huggett
Major Permits and Consistency Manager
400,Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX 252-247733301 Internet: wwwmccoastalmanagement.net
Ari EqualOpportunity I Affirmative Action Employer
DCM Coordinator: 4:� Permit #:
MAILING DISTRIBUTION SHEET 3
Permitee• &644111-1
Agents:
DCM Field Offices
Elizabeth City (with revised work plan drawings)
Morehead City ✓ ss
Washin on �T
ilmington
US ACOU+ Offices:
Washington: Raleigh Bland
Wilmington: a Smr
Cultural Resources: Renee Gledhill -Early or en' •o ntal:review@ncdcr.gov)
Public Water Supply: Williams (WIR )�
Joey to
NC DOT: en Pac
Shellfish Sanitation: tti Fowle
State Property: Tim Walton c—
i
Water Resources: aren Higgins (Ralei )
John essy DOT)
Washington: Anthony Scarborough
Wilmington: eenhuis — 401
Chad Coburn -
Linda Lewis - Stormwater
Wildlife Resources: aria Dunn (WAR
LPO:
Fax Distribution: Pennitee #:
Agent #:
NCDENR
North Carolina Department of Environment and
Pat McCrory
Governor
June 19, 2014
Mr. Harry Hardy
Mr. Gregory Bodnar
NC Division of Marine Fisheries
P.O. Box 769
Morehead City, NC 28557
Subject: EXEMPTION
Stormwater Project No. SW8 140521
AR-360 Topsail Reef
Pender County
Dear Mr. Hardy and Mr. Bodnar
Natural Resources
John E. Skvarla, III
Secretary
The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the
CAMA Major Permit Application for the subject project on May 8, 2014. Staff review of the plans and specifications
has determined that the development activities proposed at this time will not pose a threat to surface water quality
from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as
not posing a water quality threat from stormwater runoff should not be subject to the stormwater management
permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that
this project will not require a stormwater management permit.
If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also
subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You
are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary
built -upon area associated with the construction of the project must be removed within 30 days of completion of the
project, or when it is no longer needed, whichever occurs first.
If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910)
796-7215, or e-mail her at linda.lewis aAncdenr.gov.
61 rely,
For Tracy . Davis, P.E., Director
Division of Energy, Mineral, and Land Resources
GDSlarl: GAMISharedlStormwaterlPermits 8 Projects120141140521 Exemption12014 06 permit 140521
cc: Pander County Building Inspections
Jonathan Howell/DCM RECEIVED
Jason Dail/Shaun Simpson-DCM WIRO
Wilmington Regional Office Stormwater File JUN 2 G 2014
Division of Energy, Mineral, and Land Resources
Land Quality Section - Wilmington Regional Office n�tvt %MCITY
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004
An Equal Opportunity 1 Affirmative Action Employer • 30% Post Consumer Paper • Intemet: hlmJborfal.ncdenr.omkieblld
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: NCDMF c% Harry Hardy & Greg Bodnar COUNTY: Pender
PROJECT NAME: AR-360 Topsail Artificial Reef Enhancement
LOCATION OF PROJECT: 3.0 nautical miles NE of New Topsail Inlet, Pender Co., within the Atlantic Ocean
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-7-14
FIELD RECOMMENDATION: Attached: YES
CONSISTENCY DETERMINATION: Attached: n/a
FIELD REPRESENTATIVE: Dail DW
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE RECD: 5-9-14
ADJ. RIP. PROP NOTICES RECD:
APPLICATION ASSIGNEED TO:
C) 75 DAY DEADLINE: ! I
MAIL OUT DATE: 5-8-14
FEDERAL DUE DATE:
PERMIT FINAL ACTION: ISSUE DENY
To Be Forwarded: n/a
To Be Forwarded: n/a
DISTRICT OFFICE: WILMINGTON
FEE RECD: $475
END OF NOTICE DATE: 5-30-14
DEED RECD: n/a
ON: g-3-Iq
150 DAY DEADLINE:
STATE DUE DATE: 5-30-14
FED COMMENTS RECD:
DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management - Regional Representative
Coastal Management - LUP Consistency
Division of Community Assistance
S-I9- I
Land Quality Section (DEMLR)
I + I H
Division of Water Resources (401)
Storm Water Management (DEMLR)
State Property Office
S 22-1 t(
✓
Division of Archives & History
Division of Environmental Health
S-7fl-I
✓
Division of Highways
Wildlife Resources Commission
s-16 I N
Local Permit Office
Division of Marine Fisheries / DCM
Corps of Engineers
PW S S iY_ /If MAY 12 2014
DCM-MHD CITY
r
PIA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 8, 2014
Division of Coastal Management
MEMORANDUM:
TO: Jessi Baker
Fisheries Resource Specialist
Division of Coastal Management
John E. Skvarla, III
Secretary
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA / D&F Major Permit Application Review
Applicant: NCDMF c% Harry Hardy & Greg Bodnar
Project Location: 3.0 nautical miles NE of New Topsail Inlet, Pender Co., within the Atlantic Ocean
Proposed Project: to enhance an existing artificial reef (AR-360)
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by May 30, 2014. If you have
any questions regarding the proposed project, contact Jason Dail at (910) 796-7221,
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency
.objects to the project for reasons des c ibed in the attached comments.
SIGNED �DATE
R&CEI1I�4
MAY 12 2014
127 Cardinal Drive Ext., W Imington, NC 28405
Phone: 910-796-72151 FAX: 910-395-3964Internet: www,nccoastalmanaaement.net
An Equal Opportunity 1 Affirmative Adon Empbyer DCIt'%]t o C"
.�
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
MEMORANDUM:
TO: Jonathan Howell, DCM Assistant Major Permits Coordinator
FROM: Jessi Baker, DCM Fisheries Resource Specialist P
SUBJECT: NC Division of Marine Fisheries AR-360, 3.0 nm NE of Topsail Inlet, Offshore, NC
DATE: May 30, 2014
A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the
subject document for proposed actions that impact fish and fish habitats. The CAMA Major permit
application from North Carolina Division of Marine Fisheries proposes to enhance and expand the
boundaries of the existing Artificial Reef 360. There is known hard bottom in this area.
After a March 5, 2014, meeting with the applicants and attending the March 27, 2014 scoping meeting, the
applicant agreed to avoid impact to hard bottom by not deploying any materials within 200 feet of any hard
bottom as seen on mapping completed using side -scan sonar.
Please feel free to contact Jessi Baker at (252) 808-2808 ext. 213 or iessi.baker@ncdenr.aov if you have any
further questions or concerns.
400 Commerce Ave., Morehead City, NC 28557
Phone: 252-808-2808\FAX: 252-247-3330 Internet: www.nccoastalmanagement,net
An Equal Opporlumly \ Af native Action Employer
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 8, 2014
Division of Coastal Management
MEMORANDUM:
TO: Tim Walton
Dept of Administration
State Property Office
John E. Skvarla, III
Secretary
RECEIVED
MAY 0 9 2014
DOA
STATE PROPERTY
OFFICE
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA / D&F Major Permit Application Review
Applicant: ENCDMF o Harry Hardy & Greg Bodnar
Project Location: 3.0 nautical miles NE of New Topsail Inlet, Pender Co., within the Atlantic Ocean
Proposed Project: to enhance an existing artificial reef (AR-360)
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by May 30, 2014. If you have
any questions regarding the proposed project, contact Jason Dail at (910) 796-7221,
when appropriate, in-depth comments with supporting data is requested.
REPLY: ��gency has no objection to the project as proposed. This agency has no comment on the proposed project.
ell `vt��
,sf�r This agency approves of the project only if the recommended changes are
incorporated. See attached.
fry �`This agency objects to the project for reasons described in the attached comments.
C�
SIGNED DATE
RECEIVED
MAY 2 2 7?1"
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-72151 FAX: 910-395.3964 Internet: www.nccoastalmanaaement.net
An Equal Opportunity \ Affirmative Action Employer DCM-MUD CITY
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: NC Division of Marine Fisheries, c/o Harry Hardy/Greg Bodnar
2. LOCATION OF PROJECT SITE: Artificial Reef #360, located approximately 3.0 nautical miles northeast of
New Topsail Inlet, Pander County, within the Atlantic Ocean.
Photo Index - NOT AVAILBLE
State Plane Coordinates - NOT AVAILABLE
Lat:34°21'017"N Long: 77°36'183"W
3. INVESTIGATION TYPE: CAMA/ Dredge & Fill ROVER FILE # - N/A
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - N/A
Was Applicant Present - N/A
5. PROCESSING PROCEDURE: Application Received - Complete on May 7, 2014
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - N/A
Land Classification From LUP -N/A
(B) AEC(s) Involved: PTA, EW
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing -N/A
Planned - N/A
(F) Type of Structures: Existing -None
Planne i icialReel
(G) Estimated Annual Rate of E� 4
Source- N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(Open Water
-1.7 acres
(C) High Ground
(D) Total Area Disturbed: -1.7 acres (74,052 sq. ft.)
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
8. PROJECT SUMMARY: The applicant is proposing t enhance an existing artificial reef (AR-360).
10 RECEIVED
MAY 2 2 2014
DCbf Y- CITY
NC Division of Marine Fisheries- c/o Harry Hardy/Greg Bodnar
Page 2
9. PROJECT DESCRIPTION:
The project site is known as Artificial Reef # 360, or AR-360, and specific information on the reef s
composition can be found by visiting the NC Division of Marine Fisheries website (found at
http://portal.nedenr.org/web/mf/lookout-fear/ar-360-reef). Generally speaking, the existing reef lies in
waters approximately 40'-45' deep, approximately 3.0 nautical miles northeast of the New Topsail Inlet
sea buoy, within the Atlantic Ocean. The center of the site is located at 33° 21.017"N and 77°36.183"W.
The entire site encompasses approximately 178 acres in area. The area is surrounded by approximately
24 acres of natural bottom in various stages of stability (aggregate to defined rock outcrops) and the
applicant proposes to work within a 1.68 acre grid, which would be located a minimum of 200' from any
natural hard bottom areas.
The waters of the Atlantic Ocean are classified as SB by the NC Division of Water Quality and they are
not designated as Primary Nursery Area (PNA) by the NC Division of Marine Fisheries.
PROPOSED PROJECT:
The North Carolina Division of Marine Fisheries is seeking authorj2a&uice an existing
artificial reef (AR-360). The project includes the deposition of 15 "Eternal Reef Balls o be discussed
later), 150 "Ultra, Pallet and Bay Reef Balls".
According to the application package and project narrative, the reef site, once expanded, would
encompass approximately 178 acres of near shore bottom. As previously mentioned, the existing reef
would be expanded, by way of the creation of a 1.68 acre grid that would consist of the aforementioned
reef balls. The eternal reef balls (which contain a small "pearl" of cremated ashes that are encapsulated
in the concrete), ultra, pallet and bay balls would be individually installed within the "grid" and would
each have a footprint of approximately 13-24 sq. ft. According to the applicant, the minimum footprint
of 150 bay reef balls would be 1,065 sq. ft. and the maximum footprint of 150 ultra reef balls would be
approximately 3,570 sq. ft.
While a deployment contractor has not yet been determined, the Division of Marine Fisheries has
committed to have a staff member on -site to monitor the project and ensure that the materials are being
deployed within the interment section described. Additionally, the applicant states that side scan data
would be collected after deployment to ensure that materials were deployed within the area(s) specified.
As the site is already numbered and visible (i.e. contains a yellow buoy noting that it is an artificial reef),
the NC Division of Marine Fisheries does not anticipate the installation of additional visual buoys.
10. ANTICIPATED IMPACTS:
Approximately 1.7 acres of Public Trust Area and Estuarine Waters would be filled as a result of this
project. Temporary increases in turbidity could be expected to result from the project. It does not appear
that the project would cause a hazard to navigation.
Submitted by: Jason Dail Date: May 7, 2014 Office: Wilmington
Project Narrative
AR-360 Topsail Reef
NC Division of Marine Fisheries
Artificial Reef Program
Artificial Reef AR-360 is located off Topsail Beach in Pender County, approximately 3 nautical miles
northeast of New Topsail Inlet in approximately 44 feet of seawater (Figure 1). North Carolina Division of
Marine Fisheries (DMF) is the permit holder for all artificial reefs in North Carolina. In addition to the US Army
Corp of Engineers General permit # 198500194, this proposed enhancement and boundary expansion requires
a CAMA permit due to AR-360's location within North Carolina state waters.
The objectives of this permit are to:1) Expand the reef site, 2) Bring past deployments on the reef site
into compliance, 3) Identify protocols for natural bottom occurrences on reef site, and 4) Describe new
enhancements.
The current reef site is 105 acres in size and has 48,700 tires, 23 Pallet Reef Balls, 9 Internment Reef
Balls, one prefabricated concrete "H" unit, and 2 patch reefs of reinforced concrete pipe (2.75 and 0.26 acres).
Only the 140 tons (0.26 acres) of concrete pipe lies within the permitted reef site (Figure 2). Therefore we
propose to expand the current reef site to accommodate the permitted reef site and the existing material.
The proposed expansion will increase the reef site to approximately 178 acres, which will place all existing
material within the expanded reef site and allow for additional enhancements. Any new enhancements will
not be deployed within 100 feet of the 178 acre boundary to avoid unintended deployment outside the newly
permitted boundary.
In the recent past materials common to artificial reef construction were placed on AR-360 without a
current CAMA permit due to unintended oversight. At the time of discovery discussions were initiated by the
DMF with The NC Division of Coastal Management (DCM) to correct this oversight and bring AR-360 into
compliance. Discussions were conducted with David Moye, Debbie Wilson and Jason Dail of DCM. The results
of those discussions are displayed in this permit request to expand the reef site to accommodate existing
materials.
The expanded reef site has approximately 24 acres of natural bottom in various stages of stability.
Natural bottom or hard bottom is defined aggregately as areas of exposed rock or consolidated sediments that
are distinguishable from surrounding unconsolidated sediments, colonized by algae, sponges, corals, and
other sessile organisms to varying extents (SAFMC 1998 and Street 2005). Discussions with DCM and NOAA
were conducted to develop protocols when natural bottom is involved. An agreement was set to not deploy
artificial reef materials within 200 feet of existing hard bottom. Hard bottom has been identified through side
scan sonar assessments of the reef site and have been identified as red polygons on all pertinent figures.
Those designated areas will not be impacted by any enhancements.
A 1.68 acre grid has been established for the deployment of internment reef balls contracted through
Eternal Reefs, Inc (Figures 3 and 4). Eternal Reef internment balls contain a small "pearl" of cremated ashes
that are encapsulated within the concrete. The EPA has determined that this process utilizes the ashes as an
inert concrete additive and adheres to regulations regarding ocean dumping. Please refer to the Appendix A
for reference material and the accompanying Review of artificial reef sitting procedures for AR-360 for
additional information concerning reefing materials, essential fish habitat, species of note, and potential
impacts. The grid has space available for 150 Eternal Reef Balls"" (Ultra, Pallet and Bay) to be deployed during
the permit timeframe. Individual footprint of each Reef Balim unit is: Ultra (23.8ft2), Pallet (12.6ft2), and Bay
(7.1ft2). Due to the unknown amounts of each unit to be deployed, a minimum, maximum and mean footprint
was calculated. The minimum footprint of 150 Bay Reef BalISTM is 1,06 gBormaximurn footpA ftWV'ig
of DCM WILMINGTON, NC
MAY 22M
Ultra Reef BallsTM' is 3,570ft2, with a mean footprint of 2,317.5ft2. To conform to the hard bottom agreement,
the grid is at least 200 feet from hard bottom identifiable from side scan sonar images.
Deployment of the internment Reef Balls' will be conducted by a contractor yet to be determined.
DMF artificial reef staff will be on site for every deployment to ensure that materials are deployed within the
internment section described in Figures 3 and 4. DMF artificial reef staff will mark the intended area with high
flyer markers to provide a visible area on the water's surface. This area will be the intended target to deploy
the internment Reef Ballsw. This deployment procedure has been utilized in the past with success. Side scan
data will be collected after deployments to ensure that materials were deployed within the area specified.
A public comment meeting was held on March 20`h, 2014 at North Topsail Town Hall to discuss the
proposed objectives with interested stakeholders. There were no objections voiced during the meeting.
SAFMC (South Atlantic Fishery Management Council). 1998. Final habitat plan for the South
Atlantic region: Essential Fish Habitat requirements for fishery management plans of the
South Atlantic Fishery Management Council. SAFMC, Charleston, SC.
Street, M. W., A.S. Deaton, W.S. Chappell, and P.D. Mooreside. 2005. North Carolina Coastal
Habitat Protection Plan. North Carolina Department of Environment and Natural Resources,
Division of Marine Fisheries, Morehead City, NC, 656p.
RECEIVED
DCM WILMINGTON, NC
APR S 0 2014
APPLICATION for
Ma1or Development Permit
past revised 1 v27/o8)
North Carolina DIVISION OF COASTAL MANAGEMENT
1, Primary Applicant/ Landownerinformation
Business Name
Project Name (if applicable)
North Carolina Division Of Marine Fisheries
AR-360 Topsail Reef
Applicant 1: First Name
MI
Last Name
Harry
C
Hardy
Applicant 2: First Name
MI
Last Name
Gregory
W
Bodnar
if additional applicants, please attach an additional pages) with names fisted.
Mailing Address
PO Box
City
State
3441 Arendell St
769
Morehead City
NC
ZIP
Country
Phone No.
FAX No.
28557
USA
252 - 808 - 8053 ext.
252 - 726 - 9218
Street Address fddifferentfrom above)
City
State
ZIP
Email
Craig.Hardy@nodenr.gov Gregg. Bodnar@ncdenr.gov
2. Agent/Contractor Information
Business Name
N/A
Agentl Contractor 1: First Name
MI
Last Name
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
ZIP
Phone No. 1
-
- ext.
Phone No. 2
- - ext.
FAX No.
Contractor #
Street Address (d di%rent from above)
City
State
ZIP
Email
aµnrcrrcu
<Form continues on back> RECEIVED
` MAY 2 2 2014 CCM WILMINGTON, NC
0 "4 wWw nccozs:40&mnepljent.nea
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Pender
N/A
Subdivision Name
City
State
Zip
Topsail Beach (nearest)
NC
28445 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
ext.
I I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Onslow Bay River Basin
Onslow, Bay, Atlantic Ocean approximately 3nm from New
Topsail Inlet
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Onslow Bay, Atlantic Ocean
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes ®No
work falls within.
State Waters
4., Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
N/A
7,753,680sq.ft. (178 acres)
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
N/A, I I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
44 FSW ®NHW or ❑NWL
e.
Vegetation on tract
None
f.
Man-made features and uses now on tract
Existing artificial reef material. Reinforced concrete pipe (2.75 and 0.26 acres), pre -fabricated concrete Reef Balls (32) and
1 prefabricated concrete "H" unit designed by NCDMF. Please refer to the narrative for additional information on material
description.
g.
Identify and describe the existing land uses adiacent to the proposed project site.
Residental and Commercial
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
N/A
(Attach zoning compliance certificate, if applicable)
❑Yes []No ®NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No ®NA
National Register listed or eligible property?
<Form continues on next page> RECEIVED
DCM WILMINGTON, NC
N1n.
252-808-2808 :: 1-888.4RCOAST :: vrww. nccoasta l management. net
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (1) Are there wetlands on the site? ❑Yes ®No
(it) Are there coastal wetlands on the site? ❑Yes ®No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
N/A
o. Describe existing drinking water supply source.
N/A
p. Describe existing stone water management or treatment systems.
WA
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? []Commercial ®PubliclGovemment
❑Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Provide habitat for recreationally and commercially important finfish species. These structures will provide essential fish
habitat for juvenile and adult life stages of finfish, crustaceans and invertebrates. Anticipated activities include recreational
fishing and scuba diving.
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
A commercially contracted vessel will be utilized to deploy all materials within locations predetermined by the NC Division of
Marine Fisheries (DMF), artificial reef personnel. DMF artificial reef personnel will be on site during all deployments to mark
locations, monitor activities, and ensure permit adhearance.
d.
List all development activities you propose.
A 1.68 acre grid has been established for the deployment of internment reef balls contracted through Eternal Reefs, Inc
(Figures 3 and 4 within the project narrative). The 1.68 acre grid has space available for 150 Eternal Reef Balls (Bay, Pallet
and Ultra) to be deployed during the permit timeframe.
e.
Are the proposed activities maintenance of an existing project, new work, or both? Both
f.
What is the approximate total disturbed land area resulting from the proposed project? New 1.68 Existing 3.19
❑Sq.Ft or ®Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area ®Yes []No ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
Location is approximately 3 nautical miles from New Topsail Inlet and has no potential discharge possibility.
RECE
I.
Will wastewater or stomtwater be discharged into a wetland? ❑Yes ❑No ®NA
MAY 2 2
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ®NA
j.
Is there any mitigation proposed? []Yes ❑No ®NA
If yes, attach a mitigation proposal. DCM-MM
2014
CTfY
<Form continues on back> RECEIVED
DCM WILMINGTON, NC
252-808-2808 .. 'i-d88-4RC0AS"f .. www.nccoastalmanagement.nea
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application
instruction booklet onhow to. properly prepare the required items below. - ..
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the, present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received.a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Phone No. -
Address - - -
Name Phone No.
Address
Name - - - Phone No. - -
Address - - - - -.
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
US Army Corp of Engineers general permit #198500194 'Expires December 31, 2016
h. Signed consultant or agent authorization forth, if applicable.
1. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas: (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further c/errttiify" that the information provided in this application is truthful tothebest/of my knowledge.
Date G ram✓ .. ram'®®° Print Name �� 0::� Q
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Culverts
[]DCM MP-3 Upland Development
[]DCM MP-4 Structures Information
RECEIVED
DCM WILMINGTON, NC
252-808-2808 :: 11-888-4RCOAST :: www.ncconstalmanagement.ne
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
(NLW or
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
N W L)
stabilization
Length
382
Width
191
Avg. Existing
NA
NA
44ft at MLLW
Depth
Final Project
NA
NA
4lNt
Depth
1. EXCAVATION ®This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c. (i) Does the area to be excavated include coastal wetlands/marsh d.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
(ii) Describe the purpose of the excavation in these areas:
High -ground excavation in cubic yards.
2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
c. (1) Do you claim title to disposal area?
❑Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlandsimarsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB _
OWL ❑None
(it) Describe the purpose of disposal in these areas:
d. (1) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
(if) If yes, where?
f. (1) Does the disposal include any area in the water?
❑Yes ❑No ❑NA
(ii) If yes, how much water area is affected?
RECEIVED
MAY 2 2 2014
RECEIVED
DCM WILMINGTON, NC
DCM MHD CITY
252-808-2808 :: 1-888-4RCOAST n www.nccoastalmanaoement.net reVisedi'12/N6/08
iF®6'm DCPJ5 POP-2 (Excavation and nog, Page 2 of 3)
3. SHORELIMESTABILIZA,TIOAI'.q..`19 This seofionnofapolfcable;-
(ff development is a'wood groin, use'MP-4'- Structures)
a. Type of shoreline stabilization: b. Length:
❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width:
c. Average distance watervard of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill _"-:` Riprap
Breakwater/Sill_ tkr` Other_
1. Source of fill material.
4.- OTHER-FILL.ACTIVITIES--'
(Excludin,g Shoreline'=Stabilization)
a. (1) Will fill material be brought to the site? RYes ❑No ❑NA
If yes,
(11) Amount of material to be placed in the water Dependant
on size of Reef Ball. Bay Ball = 750lbs. Pallet Ball = 2.200lbs
and Ultra Ball = 4.500lbs. At 150 total units of largest Reef Ball
size (Ultra) = 675,000[bs (405 tons).
(111) Dimensions of fill area 382' x 191' (1.68 acres)
Average depth on site = 44ft.
Project depth = 40ft.
Material Profile = 4ft.
(iv) Purpose of fill
The goal of North Carolina's artificial reef program is to
develop, maintain, evaluate and administer a successful
system of artificial reefs as an integral part of North
Carolina's marine fisheries management program, so as to
enhance marine fisheries habitat and public fishing and
diving opportunities.
5s` GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
Concrete weights approximately 2.5 times water. Fill material was
designed to resist movement after deployment. Weight per unit
ranges from 750lbs to 4,500lbs. These materials are common
to artificial reef construction and have proved durable and stable
and have been used in NC artificial reef enhancements within
ocean waters.
c. (i) Will navigational aids be required as a result of the project?
RYes ❑No ❑NA
f. (1) Has there been shoreline erosion during preceding 12
months?
[]Yes ❑No ❑NA
(11) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
submerged aquatic vegetation (SAV); shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL RNone
(ii) Describe the purpose of the fill in these areas:
N/A
backhoe, or hydraulic dredge)?
TBD. Typically the Reef Balls are lowered into the water and
released at or near the waters surface. The units then sink
straight down and settle on the bottom.
d. (i) Will wetlands be crossed in transporting equipmen�4ptoiegt_
site? ❑Yes RNo ❑NA 1tt llat�lVVttUU
DCM WILMINGTON, NC
252-806.2808::1-888-ARCO15T :: www.nccoastalwanaaement.net revised: '2 i®6
; oryri T` CM MP-2 (Excavation and Pill, Page 3 of 3)
III) If yes, explain what type and how they will be implemented.
Site is currently marked with one yellow 12' spar buoy with
approximately 6 visible above the surface of the water. Buoy is
secured to bottom via chain and a concrete sinker. Buoys are
equipped with an internal radar reflector and reflective tape.
Buoy is marked with AR #, NC Division of Marine Fisheries, 1-
800-682-2632, and a Sportfish Restoration Funding logo.
Project Name
Ile �XAVL.
Applicant Name Awale' 00 `/
pplcant Signildure
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
RECE"D
MAY 2 2 2014
RECEIVED
DCM WILMINGTON, N(
252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 12/26/06
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Figure 1'. AR-360 Topsail Reef Legend P
RECEM
Artificial Reef AR-360 is located off Topsail Beach in Pender County, approximately 3 — 105Acres
nautical miles northeast of New Topsail Inlet in approximately 44 feet of seawater. MAY 2 2 7.014
0 0.5 1 2Nautical Miles o on:InW
w rv�r[A,�t1ltt!!nf� i�tr
I I I I I I I I I Fender �`''V'•MRD CJ a I
a (hl;tu!
NC DMF Arfificial Reef Program 3 • Bay
Date: 4/42014 " N moAnr
Pagel of 4 to zri, 0 Moss: Ezri. GEECO,
CAA, ational Geographic, AA, National Geographic, SIVED
DCM WILMINGTON, NC
-\PH 0 2614
Figure 2: AR-360 Topsail Reef Current Materials
Current boundary (517 yds x 997 yds @ 105 acres) with proposed expansion RECEIVED
boundary (827yds x 1,043yds @ 178 acres). Current materiel includes a Reef
Bell patch reef (standard and internment) and two concrete pipe patch reefs. Legend
RB t" MAY 2 2 20"
n 0 t50 300 600 Yards • Internment Rq.
M+8 —179Acres pCMMHDCTfY
3 onsiew cres
Fenaer OAR-350 Natural Bottom
NC DMF Artificial Reef Program U!t 5 iU 1
Date: 414QOI4 • Bay OHUnt
Page 2 of me: sri, Ci New Hmove, ORCP 0.26Acres
vrces: Esri,tioOEEC O,
Oational Geographic. Aq, Nanal geographic. O RCP 2.75 Acres RECEIVED
DCM WILMINGTON, NC
APR 3 0 2014
Figure 3- AR-360 Topsail Reef Proposed Internment Section
A 1.68 acre grid has been established for the deployment of
internment reef balls contracted through Eternal Reefs, Inc. The
two acre grid has space available for 150 Eternal Reef Balls (Bay,
Pallet and Ultra) to be deployed during the permit timeframe. Legend
• RB
d • Internment RB
ws 0 175 350 700 Feet — 1.68 Acre Internment Section
s — 178 Acres RECEIVED
an"aw — 105 Acres
NC DMFArrrficial Reef Program P.naer = H Unit
Date: 4/4/2014 . Onslrt1 RCP 0.26 Acres MAY 22 2014
Page 3 of 4 Bay
bw Nmov.' ORCP 2.75 Acres
rce sri, 0 uroes: Esrl, GEBL O, ��M-�AiC,.�(�SI+
oiw, atieaal ocograp >�Naecnl Geographic, AR-360 Natural Bottom
RECEIVED
DCM WILMINGTON, NC
APR 3 0 2014
s
r'
Figure 4: AR-360 Topsail Reef
Proposed Internment Section
Exploded View
Not drawn to scale
inimum Vertical Clearance 29'
P
Q
�q
O
Depth to material M'
0
Q
n nnn
Reef Ball Metrics (left to right)
Ultra
Width
5.5fL
Height
4.3ft
Footprint
23M
Pallet
Width
4ft
Height
2.9ft
Footprint
12 b1t2
Bay
Width
aft
Height
2ft
Footprint
7.11`12
The 1.68 acre patch reef (approximately 382ft. x 191ft.) has 15 grids with each grid 76ft x 63ft. Each grid has space available for 10 Eternal
Reef Balls (Bay, Pallet and Ultra).
0ns1 i NC DMF Artificial Reef Program
O e eenaer n1lSiD Date: 4/42014
Page 4 of 4
+E - iw Nanoea
0 70 140 2B0 Feet sri, G voee: Esri. GEBCO.
K C) i OM, ational Gecoraphic. pq, Nanowl GBaa Ophio.
s
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z
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0
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 8, 2014
Division of Coastal Management
MEMORANDUM:
TO: Georgette Scott
Stormwater Section
DEMLR - WiRO
ECEIVE
MAY 0 8 2014
BY:
John E. Skvarla, III
Secretary
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA / D&F Major Permit Application Review
Applicant: NCDMF c% Harry Hardy & Greg Bodnar
Project Location: 3.0 nautical miles NE of New Topsail Inlet, Pender Co., within the Atlantic Ocean
Proposed Project: to enhance an existing artificial reef (AR-360)
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by May 30, 2014. If you have
any questions regarding the proposed project, contact Jason Dail at (910) 796-7221,
when appropriate, in-depth comments with supporting data is requested.
REPLY: -,-'This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED a 6> DATE �/57 kt4
JWCENED
127 Cardinal Drive Ext., Wilmington, NC 28405 �`
Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nccoastalmanagement.net MAY 2 1 2014
An Equal Opportunity � Affirmative Action Employer
DC,Nf-Ivt!iD CITY
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 8, 2014
Division of Coastal Management
MEMORANDUM:
TO: Shannon Jenkins
NH DEH
Shellfish Sanitation Section
John E. Skvarla, III
Secretary
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09)
SUBJECT: CAMA / D&F Major Permit Application Review
Applicant: NCDMF c% Harry Hardy & Greg Bodnar
Project Location: 3.0 nautical miles NE of New Topsail Inlet, Fender Co., within the Atlantic Ocean
Proposed Project: to enhance an existing artificial reef (AR-360)
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by May 30, 2014. If you have
any questions regarding the proposed project, contact Jason Dail at (910) 796-7221,
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to 7o,
project for reasons described in the attached comments.
SIGNE DATE a j S t 31 ! 4
BECMED
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net MAY 2 0 2014
An Equal opportunity \ Affirmative Action Employer
DC:vl•V-gD CITY
May, 19, 2014 11:42AM NC Dept of Transportation tb InvpAcr To No. 5612 P. 1
® A DPW 5-Iro�I4
KNEW
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
ttlSi(2YCT 1
MGY 1 3 2014
May 8, 2014
Division of Coastal Management
MEMORANDUM:
TO: Robert Vause
NC DOT
Pender County
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11.12-09)
SUBJECT; CAMA / D&F Major Permit Application Review
Applicant: MCDMF c% Harry Hardy & Greg Bodnar
Project Location: 3.0 nautical miles NE of New Topsail Inlet, Pender Co., within the Atlantic Ocean
Proposed Project: to enhance an existing artificial reef (AR-360)
Please indicate bet vGyour agency's posit) n or viewpoint on the proposed project and
Ile turn this form tt Jonathan Howell at thfi address above by May 30, 2014, If you have
any questions reg i the proposed ct, contact Jason Dail at (910) 796-7221,
when appropriate, in dep comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
7/This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
%J/�T�his gency object to the project for reaps ns d scribed in the attached comments.
SIGNED v'� �� DATE 7
127 Cardinal Drive IRA, Wilmington, NC 28406
Phone: 910-796.72161 FAX: 910-395-39641nlemel: WwWAao821almana9smem.nel
An Equal OpWunllyl rarnalke AcGun E410*r
WCDENR
North Carolina Department of Environment,and Natural Resources
Pat McCrory
Governor
May 8, 2014
Division of Coastal Management
:MEMORANDUM:
TO: Mark Zeigler
WiRO
Division of .Community Assistance.
John E. Skvafla III
Secretary
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Ave.,'Morehead`City, NC 28557 (CourlerI1-12-09)
SUBJECT: LAMA/.D&F Major Permit Application Review
Applicant: NCDMF c% Harry Hardy & Greg Bodnar
Project Location: 3.0 nautical miles NE of New Topsail Inlet, Pender Co.,, within the Atlantic0cean,
Proposed Project; to enhance an existing artificial reef (AR-360)
Please indicate below your agency's position or viewpoint on the proposed,prcject and
.return this form to Jonathan Howell at,the address above by May 30, 2014. If you have
any questions regarding the proposed'project, contact Jason Dail at (010) 796.7221,
when appropriate, in-depth comments with supporting data is requestetl:
REPLY: X This. agency has no objection to, the ,project:as proposed.
This, agency'has no comment on the proposed. project;
This agency approves of theproject. only if the recommended changes are
incorporated. See attached.
This agency objects to the project'for reasons described in the.attached`comments.
SIGNED 1'r AvtC 'Z.r✓+g /e DATEe.
127 Cardinal Drive Ext., wilmington NC 28405'
kone: 910!796-M 5 CFAX: 910-39$-39641nternei: www nccoaslalmanaoementrlet
M'Equal Opportunity1 Affirmative Add Employer
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May8, 2014 14-05. rz-o3
Division of Coastal Management
MEMORANDUM:
TO: Maria Dunn
NCW RC
WaRO / WiRO
John E. Skvarla, III
Secretary
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA / D&F Major Permit Application Review
Applicant: NCDMF c% Harry Hardy & Greg Bodnar
Project Location: 3.0 nautical miles NE of New Topsail Inlet, Pender Co., within the Atlantic Ocean
Proposed Project: to enhance an existing artificial reef (AR-360)
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by May 30, 2014. If you have
any questions regarding the proposed project, contact Jason Dail at (910) 796-7221,
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED ZED
DATE S- 13 -2D,
R>✓ IVIikt, 014
1 6 2014 127 Cardinal Drive Ext., W lmington, NC 28405 W
MQy ED
Phone: 910-796-7215\ FAX: 910.395.3964Internet: www.nccoastalmanaaement.net
An Equal Oppodunityl Aflinnafive Action Employer
DCM �F6lB1.12..9Z
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 8, 2014
Division of Coastal Management
MEMORANDUM:
TO: Debra Benoy
District Manager
Public Water Supply
MAY 0 8 2014
John E. Skvarla, III
Secretary
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA / D&F Major Permit Application Review
Applicant: NCDMF c% Harry Hardy & Greg Bodnar
Project Location: 3.0 nautical miles NE of New Topsail Inlet, Pender Co., within the Atlantic Ocean
Proposed Project: to enhance an existing artificial reef (AR-360)
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howeli at the address above by May 30, 2014. If you have
any questions regarding the proposed project, contact Jason Dail at (910) 796-7221,
when appropriate, in-depth comments with supporting data is requested.
REPLY: � This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED C— DATE j `C
MAY 14 2014
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796.7215\ FAX: 910.395.3964Internet: www.ncooastalmanaaement.net DCM-MHDC"
An Equal Opportunity 1 Affirmative Achon Emp dyer
NCDENR
Pat McCrory North Carolina Department of Environment and Natural Resources
Governor
May 8, 2014
Division of Coastal Management
MEMORANDUM:
TO: Dan Sams
District Manager
DEMLR - WiRO
John E. Skvarla, III
Secretary.
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA / D&F Major Permit Application Review
Applicant: NCDMF c% Harry Hardy & Greg Bodnar
Project Location: 3.0 nautical miles NE of New Topsail Inlet, Pender Co., within the Atlantic Ocean
Proposed Project: to enhance an existing artificial reef (AR-360)
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by May 30, 2014. If you have
any questions regarding the proposed project, contact Jason Dail at (910) 796-7221,
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
4 This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED
DATE J"ft-( qr Zo(q
RECEWED
MAY 14 2014
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanaciement.net
An Equal Opportunity 1 Affirmative Action Employer DCM•MO CITY
Recommendations for State Permit —NC DMF- c/o Harry Hardy/Greg Bodnar May 7, 2014
This project appears to be consistent with the management objectives and use standards for Estuarine Waters and
Public Trust Areas as stated in NCAC 07H .0206 and .0207. While there are no specific use standards for artificial
reefs, the project does appear to also meet the general use standards listed in NCAC 07H .0208(a). This office has
no objections to the proposed project. It is recommended that any permit issued should include the following
conditions in addition to any others recommended by the US Army Corps of Engineers:
1 The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work
obstructions caused thereby, without expense to the United States or the State of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
2 The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors should be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
Aim,
itEIVED
rMAYICf2 2014
!)CM-N'uDC:TY
Jonathan
From:
Smith, Ronnie D SAW [Ronnie.D.Smith@usace.army.mil]
Sent:
Monday, June 23, 2014 12:01 PM
To:
Howell, Jonathan
Subject:
AR 360 conditions (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Here are the federal comments for AR 360.
1. Construction shall not proceed until the North Carolina Division of Marine Fisheries
(NCDMF) has obtained approval from the Fifth U.S. Coast Guard District, Portsmouth, Virginia,
for the location and clearance depth and all necessary navigational aid permits required by
thre U.S. Coast Guard and furnished copies to the Wilmington District.
2. All material placed to construct reefs will be selected and placed so as to avoid the
movement of reef materials due to sea conditions or currents. The permittee will be
responsible for any materials which are moved by sea conditions or which break loose from
reefs or fish attractors, and the permittee will be responsible for any damage caused by such
materials.
3. All materials used for construction of reefs or fish attractors will be clean and free
of petroleum and other hydrocarbons (oil, grease, asphalt and creosote), toxic residues
(mercury, cadmium and lead) and loose, free floating material and other deleterious
substances and/or in compliance with criteria established by the U.S. Environmental
Protection Agency (EPA).
4. The North Carolina Division of Marine Fisheries (NCDMF) will be responsible for
maintaining any clearance above the reef or attractor device required by the U.S. Coast
Guard, the Corps of Engineers and/or any other appropriate regulatory agency.
5. This permit does not authorize the placement of material within any rock
outcroppings/hard bottoms.
6. The permittee will notify the NOAA/National Ocean Service, in writing, at least two
weeks before work begins and upon completion of the work. Their email address is
ocs.ndb@noaa.gov and their mailings address is: Department of Commerce, NOAA, Nautical Data
Branch, N/CS261, Station 7331, 1315 East-West Highway, Silver Spring, MD 20910.
7. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USACE) prior to implementation.
8. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required, upon due notice from the
U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim shall be made
against the United States on account of any such removal, relocation, or alteration.
9. Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill or mechanized land -clearing activities shall take place at any time in
1
the construction or maintenance of this project, within waters or wetlands. This permit does
not authorize temporary placement or double handling of excavated or fill material within
waters or wetlands outside the permitted area.
10. The authorized structure and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will be
made by the permittee to prevent the full and free use by the public of all navigable waters
at or adjacent to the authorized work for reason other than safety.
11. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the permittee should contact the U.S. Coast Guard
Marine Safety Office at (910) 772-2191.
12. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
13. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this permit. A copy of this permit, including all conditions,
shall be available at the project site during construction and maintenance of this project.
14. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetland's outside the
permit area. This shall include, but is not limited to, the immediate installation of silt
fencing or similar appropriate devices around all areas subject to soil disturbance or the
movement of earthen fill, and the immediate stabilization of all disturbed areas.
Additionally, the project must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A
Article 4).
15. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such
that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout
waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less
in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout
waters, are not considered significant.
16. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in
such time and manner as the Secretary of the Army or his authorized representative may
direct, restore the water or wetland to its pre -project condition.
17. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington
District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the
violation.
A hard copy will be in the mail.
Ronnie D. Smith
Project Manager
US Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
2
w
Wilmington, North Carolina 28403-1343
Phone: (910) 251-4829
Fax: (910) 251-4025
Email: ronnie.d.smith@usace.army.mil
We would appreciate your feedback on how we are performing our duties. Our automated Customer
Service Survey is located at:
http://regulatory.usacesurvey.com/.
Thank you for taking the time to visit this site and complete the survey.
Classification: UNCLASSIFIED
Caveats: NONE
3
MEMORANDUM
To: Jonathan Howell
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination —NC Division of Marine Fisheries, — Pender
County
Date: June 26, 2014
Consistency Determination:
This project is consistent with, the Pender County Comprehensive Land Use Plan.
The applicant proposes to enhance an existing artificial reef (AR-360). The site is locates
approximately 3.0 nautical miles northeast of New Topsail Inlet within the Atlantic
Ocean.
I have reviewed this proposal for consistency with the Pender County Comprehensive
Land Use Plan and offer the following comments.
Waters at the project site are classified as SB and are not open to the harvesting of
shellfish. The area is not a Primary Nursery Area. Areas of Environmental Concern
(AEC's) are PTA, and EW.
Pender County allows development in Conservation classified AECs, which is consistent
with the State's minimum use standards. The Pender County Comprehensive Plan
contains some policies, which exceed the State's minimum use standards. However,
none of these policies appear to be applicable to this project.
This project is consistent with the Pender County Comprehensive Land Use Plan.
Cc: FILE
NC® NIt f ; P,IAY 12 2DIn l
�dorth Carolina Department'of Environment and'Naturd Resources
Pat McCrory I -- = OWE Shvatla, III
Governor Secretary
May 8, 2014 1�f
Division of Coastal Management U
MEMORANDUM: l� - CR) 1 ��
f
TO: Renee Gledhill -Early
Dept. of Cultural Resources
Archives & History
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA / D&F Major Permit Application Review
Applicant: NCQMF c% Harry Hardy & Greg Bodnar
Project Location: 3.0 nautical miles NE of New Topsail Inlet, Pender Co., within the Atlantic Ocean
Proposed Project: to enhance an existing artificial reef (AR-360)
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by May 30, 2014. Ifyou have,
any questions regarding the proposed project, contact Jason Dail at (910) 796-7221,
when appropriate,'in-depth comments with supporting data is,requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
V
127 Garlinal Drive Ext., Nhlrvng on, NC 28,105
Phone: 910-79G-7215:1 FAX: 91e-3954XA Intemet Wtiwr.nccoas1gM naaemenr.noi
0 il A4nm.vn+..;n Errvcic,
MAY 1 3 Z014
Project Narrative
AR-360 Topsail Reef
NC Division of Marine Fisheries
Artificial Reef Program
Artificial Reef AR-360 is located off Topsail Beach in Pender County, approximately 3 nautical miles
northeast of New Topsail Inlet in approximately 44 feet of seawater (Figure 1). North Carolina Division of
Marine Fisheries (DMF) is the permit holder for all artificial reefs in North Carolina. In addition to the US Army
Corp of Engineers General permit # 198500194, this proposed enhancement and boundary expansion requires
a CAMA permit due to AR-360's location within North Carolina state waters.
The objectives of this permit are to: 1) Expand the reef site, 2) Bring past deployments on the reef site
into compliance, 3) Identify protocols for natural bottom occurrences on reef site, and 4) Describe new
enhancements.
The current reef site is 105 acres in size and has 48,700 tires, 23 Pallet Reef Balls, 9 Internment Reef
Balls, one prefabricated concrete "H" unit, and 2 patch reefs of reinforced concrete pipe (2.75 and 0.26 acres).
Only the 140 tons (0.26 acres) of concrete pipe lies within the permitted reef site (Figure 2). Therefore we
propose to expand the current reef site to accommodate the permitted reef site and the existing material.
The proposed expansion will increase the reef site to approximately 178 acres, which will place all existing
material within the expanded reef site and allow for additional enhancements. Any new enhancements will
not be deployed within 100 feet of the 178 acre boundary to avoid unintended deployment outside the newly
permitted boundary.
In the recent past materials common to artificial reef construction were placed on AR-360 without a
current LAMA permit due to unintended oversight. At the time of discovery discussions were initiated by the
DMF with The NC Division of Coastal Management (DCM) to correct this oversight and bring AR-360 into
compliance. Discussions were conducted with David Moye, Debbie Wilson and Jason Dail of DCM. The results
of those discussions are displayed in this permit request to expand the reef site to accommodate existing
materials.
The expanded reef site has approximately 24 acres of natural bottom in various stages of stability.
Natural bottom or hard bottom is defined aggregately as areas of exposed rock or consolidated sediments that
are distinguishable from surrounding unconsolidated sediments, colonized by algae, sponges, corals, and
other sessile organisms to varying extents (SAFMC 1998 and Street 2005). Discussions with DCM and NOAA
were conducted to develop protocols when natural bottom is involved. An agreement was set to not deploy
artificial reef materials within 200 feet of existing hard bottom. Hard bottom has been identified through side
scan sonar assessments of the reef site and have been identified as red polygons on all pertinent figures.
Those designated areas will not be impacted by any enhancements.
A 1.68 acre grid has been established for the deployment of internment reef balls contracted through
Eternal Reefs, Inc (Figures 3 and 4). Eternal Reef internment balls contain a small "pearl" of cremated ashes
that are encapsulated within the concrete. The EPA has determined that this process utilizes the ashes as an
inert concrete additive and adheres to regulations regarding ocean dumping. Please refer to the Appendix A
for reference material and the accompanying Review of artificial reef sitting procedures for AR-360 for
additional information concerning reefing materials, essential fish habitat, species of note, and potential
impacts. The grid has space available for 150 Eternal Reef Balls" (Ultra, Pallet and Bay) to be deployed during
the permit timeframe. Individual footprint of each Reef Ball" unit is: Ultra (23.8ft), Pallet (12.6ft2), and Bay
(7.1ft2). Due to the unknown amounts of each unit to be deployed, a minimum, maximum and mean footprint
was calculated. The minimum footprint of 150 Bay Reef Balls' is 1,065ft2, and the maximum footpoRb"5g
RECEIVED DCM WILMINGTON, NC
APR 3 0 2014
" MAY 12 2014
Ultra Reef BaIIsTM is 3,570ft2, with a mean footprint of 2,317.5ft2. To conform to the hard bottom agreement,
the grid is at least 200 feet from hard bottom identifiable from side scan sonar images.
Deployment of the internment Reef BaIIsTM will be conducted by a contractor yet to be determined.
DMF artificial reef staff will be on site for every deployment to ensure that materials are deployed within the
internment section described in Figures 3 and 4. DMF artificial reef staff will mark the intended area with high
flyer markers to provide a visible area on the water's surface. This area will be the intended target to deploy
the internment Reef BaIIsTM. This deployment procedure has been utilized in the past with success. Side scan
data will be collected after deployments to ensure that materials were deployed within the area specified.
A public comment meeting was held on March 20h, 2014 at North Topsail Town Hall to discuss the
proposed objectives with interested stakeholders. There were no objections voiced during the meeting.
SAFMC (South Atlantic Fishery Management Council).1998. Final habitat plan for the South
Atlantic region: Essential Fish Habitat requirements for fishery management plans of the
South Atlantic Fishery Management Council. SAFMC, Charleston, SC.
Street, M. W., A.S. Deaton, W.S. Chappell, and P.D. Mooreside. 2005. North Carolina Coastal
Habitat Protection Plan. North Carolina Department of Environment and Natural Resources,
Division of Marine Fisheries, Morehead City, NC, 656p.
J12MVBD
MAY 12 2014
��Crry
RECEIVED
DCM WILMINGTON, NC
e .s
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: NC Division of Marine Fisheries, c/o Harry Hardy/Greg Bodnar
2. LOCATION OF PROJECT SITE: Artificial Reef #360, located approximately 3.0 nautical miles northeast of
New Topsail Inlet, Pender County, within the Atlantic Ocean.
4.
5.
Photo Index — NOT AVAILBLE
State Plane Coordinates — NOT AVAILABLE
Lat:34°21'017" N Long: 77°36'183" W
INVESTIGATION TYPE: CAMA/ Dredge & Fill ROVER FILE # - N/A
INVESTIGATIVE PROCEDURE: Dates of Site Visit — N/A
Was Applicant Present — N/A
PROCESSING PROCEDURE: Application Received — Complete on May 7, 2014
Office - Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan — N/A
Land Classification From LUP — N/A
(B) AEC(s) Involved: PTA, EW
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment:Existing — N/A
Planned — N/A
(F) Type of Structures: Existing —None
Planned — Artificial Reef
(G) Estimated Annual Rate of Erosion: N/A
Source- N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
en Water
—1.7 acres
(C) High Ground
(D)
(E)
Total Area Disturbed: —1.7 acres (74,052 sq. ft.)
Primary Nursery Area: No
Water Classification: SB
Open: No
PROJECT SUMMARY: The applicant is proposing to enhance an existing artificial reef (AR-360).
RECEIVED
MAY 12 2014
DCM-MRD CITY
NC Division of Marine Fisheries- c/o Harry Hardy/Greg Bodnar
Page 2
9. PROJECT DESCRIPTION:
The project site is known as Artificial Reef # 360, or AR-360, and specific information on the reef s
composition can be found by visiting the NC Division of Marine Fisheries website (found at
http://portal.ncdenr.org/web/mf/lookout-fear/ar-366-reef). Generally speaking, the existing reef lies in
waters approximately 40'-45' deep, approximately 3.0 nautical miles northeast of the New Topsail Inlet
sea buoy, within the Atlantic Ocean. The center of the site is located at 33' 21.017"N and 77°36.183"W.
The entire site encompasses approximately 178 acres in area. The area is surrounded by approximately
24 acres of natural bottom in various stages of stability (aggregate to defined rock outcrops) and the
applicant proposes to work within a 1.68 acre grid, which would be located a minimum of 200' from any
natural hard bottom areas.
The waters of the Atlantic Ocean are classified as SB by the NC Division of Water Quality and they are
not designated as Primary Nursery Area (PNA) by the NC Division of Marine Fisheries.
PROPOSED PROJECT:
The North Carolina Division of Marine Fisheries is seeking authorization to enhance an existing
artificial reef (AR-360). The project includes the deposition of 150 "Eternal Reef Balls" (to be discussed
later), 150 "Ultra, Pallet and Bay Reef Balls".
According to the application package and project narrative, the reef site, once expanded, would
encompass approximately 178 acres of near shore bottom. As previously mentioned, the existing reef
would be expanded, by way of the creation of a 1.68 acre grid that would consist of the aforementioned
reef balls. The eternal reef balls (which contain a small "pearl" of cremated ashes that are encapsulated
in the concrete), ultra, pallet and bay balls would be individually installed within the "grid" and would
each have a footprint of approximately 13-24 sq. ft. According to the applicant, the minimum footprint
of 150 bay reef balls would be 1,065 sq. ft. and the maximum footprint of 150 ultra reef balls would be
approximately 3,570 sq. ft.
While a deployment contractor has not yet been determined, the Division of Marine Fisheries has
committed to have a staff member on -site to monitor the project and ensure that the materials are being
deployed within the interment section described. Additionally, the applicant states that side scan data
would be collected after deployment to ensure that materials were deployed within the area(s) specified.
As the site is already numbered and visible (i.e. contains a yellow buoy noting that it is an artificial reef),
the NC Division of Marine Fisheries does not anticipate the installation of additional visual buoys.
10. ANTICIPATED IMPACTS:
Approximately 1.7 acres of Public Trust Area and Estuarine Waters would be filled as a result of this
project. Temporary increases in turbidity could be expected to result from the project. It does not appear
that the project would cause a hazard to navigation.
Submitted by: Jason Dail Date: May 7, 2014 Office: Wilmingto&, gggEpgD
MAY 12 Z014
DcvtM crty
MAJOR PERMIT FEE SCHEDULE
NCDMF AR-360 Topsail Reef / $ / Pender Co.
DCM %
DWQ %
Development Ta
Fee
14300160143510009316256253
2430016024351000952341
I. Private, non-commercial development that does
not involve the filling or excavation of any
wetlands or open water areas:
$250
100%
$250
0%
$0
II. Public or commercial development that does
not involve the filling or excavation of any
wetlands or open water areas:
$400
100%
$400
0%
$0
III. For development that involves the filling
and/or excavation of up to 1 acre of wetlands
and/or open water areas, determine if A,B, C,
r D below applies:
III(A). Private, non-commercial development, if
General Water Quality Certification No. 3490
See attached can be applied:
$250
100%
$250
0%
$0
III(B). Public or commercial development, if
General Water Quality Certification No. 3490
See attached can be applied:
S400
100%
$400
0%
$0
III(C). If General Water Quality Certification No.
490 (see attached) could be applied, but DCM
staff determined that additional review and written
DWQ concurrence is needed because of
concerns related to water quality or aquatic life:
$400
60%
$240
40%
$160
III(D). If General Water Quality Certification No.
90 see attached cannot be applied:
$400
60%
$240
40%
$160
IV. Development that involves the filling and/or
excavation of more than one acre of wetlands
,and/or open water areas:
$475
60%
$285
40%
$190
rMRECEIVED
AY 12 2014
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Dail, Jason
From:
Sent:
To:
Subject:
Attachments
Good morning Jason,
Stadiem, Arthur M
Wednesday, May 07, 2014 10:25 AM
Dail, Jason
RE: AR-360
Payment of permit fee DMF.pdf
It was processed April 29`h as a journal voucher, the transaction number is 16391135888. 1 attached a copy of
the transaction list if you would like to see it.
Thanks,
Arthur
From: Dail, Jason
Sent: Wednesday, May 07, 2014 9:54 AM
To: Stadiem, Arthur M
Subject: FW: AR-360
Good morning Arthur. Can you confirm receipt of payment for this project?
Thank you,
Jason Dail
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127t'11-diflal D1ive Extension
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'Orilueset and Zar
*Please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be
disclosed to third parties.*
Please visit www.nccoastaimanagement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram.
From: Bodnar, Gregg
Sent: Wednesday, May 07, 2014 9:39 AM
To: Dail, Jason
Subject: RE: AR-360
NCDETIR
North Carolina Department of Environment and Natural Resources
Pat McCrory,
Governor
John E. Skvarla, III
Secretary
May 8, 2014
Advertising@stamewsonlirte.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice Combo
• Jimmy Creech / New Hanover Co.
• NCDNIF / Pender Co.
Kyle & Heather: Please publish the attached Notice in the Friday, May 9, 2014 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to
payment for newspaper advertising.
Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card
(number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to
me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Sincerely,
Shaun K. Simpson
Permit Support & Customer S ice
Division of Coastal Management
cc: WiRO
Jonathan Howell - MHC DCM RECEIVED
Ronnie Smith - USACE
Michele Walker- DCM MAY 12 2014
DCAi--Y-0 CITY
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796.72151 FAX: 910-3953964Internet: www.nomstaimanagement.net
An Equal Opportunity \ Affin dve Acbm Empoyer
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as required by NCGS
113A-119(b) that the following applications were submitted for a development permits in an Area of
Environmental Concern as designated under the CAMA. According to said application, On May 7, 2014 the
N.C. Div. of Marine Fisheries proposed to enhance an existing artificial reef, located approximately 3
nautical miles NE of New Topsail Inlet, Pender County, within the Atlantic Ocean; And on April 15, 2014,
Jimmy Creech proposed to construct a bulkhead at 17 Beach Road S. (Figure 8 Island), adjacent to Banks
Channel, in Wilmington, New Hanover County. A copy of the applications may be examined or copied at the
office of Tara MacPherson, (Creech) and Jason Dail (NCDMF), N.C. Dept. of Environment & Natural
Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910-
796-7215) during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to May 30, 2014 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.
RECUM
MAY 12 2014
DCM-mn CITY
7V4jA
CDEEW
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 7, 2014
Mr. Harry C. Hardy
NC Division of Marine Fisheries
PO Box 769
Morehead City, NC 28557
Dear Mr. Hardy:
John E. Skavarla, III
Secretary
The Division of Coastal Management hereby acknowledges receipt of your application requesting State approval
for the enhancement of an existing artificial reef (AR-360), which is located approximately 3.0 nautical miles northeast of
New Topsail Inlet, in the Atlantic Ocean. Your application was received as complete on May 7, 2014, and appears to be
adequate for processing at this time. The projected deadline for making a decision is July 22, 2014. An additional 75-day
review period is provided by law when such time is necessary to complete the review. If you have not been notified of a
final action by the initial deadline stated above, you should consider the review period extended. Under those
circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided
on or about the 75th day.
If this agency does not render a permit decision within 70 days from May 7, 2014, you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a
meeting will be held within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from a
public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way
fronting your property; or at a point along the road right-of-way where a private road would lead one into your property.
Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the
appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to
receive a copy of my field report and/or comments from reviewing agencies.
erely, ���
MAY 12 2914
on D t
Field Representative DCM-MBDCITY
cc: Jonathan Howell, DCM-MHC
Ronnie Smith, COE
WiRO - file
127 Cardinal Drive Fxt., Wilmington, NC 28405
Phone: 910-796-72151 FAX: 910-3953964 Internet: www.nocoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer
god
C
m
NOTI(O'$17i
CAMA PERMIT
APPLIED FOR
PROJECT:
Ocean, in Pender County.
APPLICANT:
all
FOR MORE DETAILS CONTACT
Wilmington, NC 28405
jason Dall, District Manager
1n?n0 21
NC DMF Artificial Reef Program
Review of Artificial Reef
Siting Procedures
A synopsis of objectives, methods and materials and impacts for sitting a nearshore ocean
artificial reef in Onslow, North Carolina, AR-360
Gregory W. Bodnar
3/28/2014
r RECENED
MAY 12 ?n14
DCWf-mn CrrY
RECEIVED
DCM WILMINGTON, NC
APR 2 9 2014
Table of Contents
Section 1
Background.............................................................3
Section 2
Sitting Methods.........................................................4
Section 3
Essential Fish Habitat, Habitat Areas of Particular
Concerns and Managed Species................................6
Section 4
Reef Material Categories..........................................14
Literature Cited..............................................................18
This document is intended for use by multiple agencies and organizations as a
reference guide and therefore all sections may not be applicable. Frequent updates of
this document are expected to address individual reef site uniqueness.
Page 12
RECEIVED
MAY 12 2014
DCM-MHD CITY
RECEIVED
DCM WILMINGTON, NC
APR 2 9 2014
Section 1
Background
The re -drafted Magnuson -Stevens Fishery Conservation and Management Act (Public
Law 94-265) calls for direct action to stop or reverse the continued loss of fish habitat, stating
that habitat is an important component of comprehensive fishery management programs.
Congress mandated that the identification of habitats was essential to manage species and
measures must be taken to conserve and enhance the identified habitat. The Act requires
cooperation among multiple agencies including National Marine Fisheries Service (NMFS) and
the regional Fishery Management Councils to protect, conserve, and enhance "essential fish
habitat". Congress defined essential fish habitat (EFH) for federally managed fish species as
"those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to
maturity". Locally, the State of North Carolina has noted in the Coastal Habitat and Protection
Plan (CHPP) that hard bottom, including artificial reefs, provides substrate for: sessile
organisms, spawning and feeding grounds, refuge, and are negatively impacted by
anthropogenic disturbances such as dredging, nutrient enrichment, and marine debris (Deaton
et al. 2010). It is the goal of the NC Artificial Reef Program to develop, maintain, evaluate and
administer a successful system of artificial reefs as in integral part of North Carolina's marine
fisheries management program, so as to enhance marine fisheries habitat and public fishing
and diving opportunities.
Enhanced reef habitat (artificial reefs and oyster sanctuaries) can be wide ranging in
materials from concrete and shipwrecks to naturally occurring materials like shell and marl.
These materials provide suitable substrate for colonization of flora and fauna.
Currently the State of North Carolina maintains 41 ocean and 8 estuarine artificial fishing
reef locations (Figure 1). These reefs range from the SC/NC to NCNA borders ranging from 1
to 30 nautical miles (nm) from shore, in Pamlico and Albemarle Sounds and the Neuse, Pamlico
and New Rivers. The following information has been developed for a permitted ocean reef
herein referred to as AR-360 (Figure 2). AR-360 is centered 3 nm northeast of New Topsail
Inlet, NC in Pender County. Enhancements to this reef site is expected to provide increased
habitat for important finfish and invertebrates, and relieve recreational fishing pressure on
nearby artificial reefs thereby increasing overall user satisfaction. This reef as proposed is
within North Carolina state waters in approximately 44 feet of seawater, with a 3 foot average
deep sand bottom overlaying a limestone base. Minimum vertical clearance has been
established by the United States Coast Guard at 29 feet of seawater. All bottom is non -
vegetated and without benthic sessile organisms. For further information on location and
specific enhancement plans for this proposed reef (AR-360), please review the accompanying
CAMA documentation.
ip RECEIVED
Objectives MAY 12 2014
DCv! N!HD CITY
Maintaining a successful system of artificial reefs in the ocean waters has been a NC
endeavor for nearly forty years. Currently, the use of appropriated state, federal Sport Fish
Restoration (SFR), and Coastal Recreational Fishing License (CRFL) funding is directed for the
enhancement of estuarine finfish and oyster resource needs. The construction of this reef site
originates from these funding sources and uses donated materials through contributions from
civic groups and businesses throughout North Carolina and adjacent states. The materials
Page 13
RECEIVED
DCM WILMINGTON, NC
APR 2 9 2014
utilized for artificial reef construction in North Carolina are time tested and known to provide
suitable substrate for a future thriving ecosystem. Reef BaIISTm have been used in nearshore,
offshore, and inshore NC waters with success for over 15 years (See Reef Material Categories).
This nearshore ocean reef will provide accessible coastal opportunities to anglers and SCUBA
divers, EFH to multiple life histories of ocean dependent finfish species and juvenile and
sublegal estuarine dependent finfish species emigrating to the ocean, as well as providing hard
substrate for a variety of sessile invertebrates. All necessary permits and compliance approvals
will be obtained before construction begins. This document outlines the expansion of the reef
site, as well as current enhancement.
RECEIVED
Section 2 MAY 12 2014
Sitting Methods
Doma,Mc:TY
Artificial reef enhancement can be wide ranging in material types from concrete modules
to steel shipwrecks and naturally occurring materials like shell and marl. In this project the
proposed enhancement materials are three sizes of Reef BaIISM (Bay, Pallet and Ultra).
Weights will range from 750 to 4,500 Ibs (please refer to Figure 4 located in the Project
Narrative for complete specifications). Reef BaIISTm are a prefabricated artificial reef module
designed to be stable and durable, with a proven record, and are a common material used
artificial reef enhancement. Commercial marine contractors will be used for the deployment of
this material. The DMF artificial reef program's reef survey vessel will be onsite during all
deployments to ensure proper positioning of this material.
Prior to any construction plans a side scan SONAR mosaic of the site was performed
and reviewed to identify possible areas of natural live bottom or archeology interest, within
the proposed construction area. There were no indications of archeologically significant
structures within the proposed expansion. Natural live bottom or hard bottom was identified
on the side scan sonar mosaic. Hard bottom is not uncommon within North Carolina waters.
A preliminary meeting was held on March 5, 2014 between NCDMF (Chris Jensen and
Gregg Bodnar), NMFS (Fritz Rohde) and NCDCM (Jessi Baker) concerning the presence of
exposed hard bottom (ledge, live bottom) on or near these sites and the implications of
deploying material in the vicinity. An agreement for placement of new reef material was set
at a minimum distance of 200 feet from any hard bottom identified from side scan sonar
operations. Hard bottom was identified and marked using ESRI ArcMap 10.1 software
(GIS).
Particular interest has been given to the following criteria. 1) Proximity to existing EFH.
The main objective to reef construction is to supplement existing EFH with manmade materials.
This would be counter -productive if existing natural EFH was damaged during the process. All
efforts will be made to place material and new reefs sites in acceptable areas by using the
CAMA review process. 2) Availability of suitable materials. Material selection is a process that
takes into account all the criteria mentioned here in addition to stability/durability and bottom
type. Stability/durability is a concern in any reef construction project. The most optimal site is
one that satisfies the definition of EFH over the longest timeframe possible. Events such as
hurricanes, prevailing winds and current movement are taken into account at each site. Bottom
type is also crucial in that sitting a material on the wrong bottom type will reduce its
stability/durability and effectiveness as EFH. 3) Dominant finfish composition. Materials that
best fit certain metrics of habitat complexity could be identified for a dominant species. 4) Water
quality factors such as hypoxic/anoxic events and other events of poor water quality can
Page 14
RECEIVED
DCM WILMINGTON, NC
APR 2 9 2014
severely reduce the effectiveness of EFH. 5) Geographical location. Commercial fishing
interests, major waterways and other anthropogenic conflicts will shape the process of
enhancing/enlarging existing reefs and the sitting of potential new reef sites. A public comment
meeting was held on March 20, 2014 in North Topsail to review expansion, enhancement, and
to identify any potential user conflicts. No user conflicts were reported for the expansion
identified in the CAMA permit documentation.
Site Evaluation Methods
1. GIS will be utilized to develop a comprehensive data set of all existing and
proposed involvement
a. existing EFH will be documented
b. side scan pre -mission planning
c. production of visual references for regulation and permitting
2. Potential site, including surrounding bottom will be side scanned to create a
comprehensive mosaic of site area
a. items to be identified
i. existing material
ii. permitted reef site
iii. potential expansion dimensions
iv. unknown objects identified
3. Bottom identification will be utilized to create a mosaic of bottom type
4. Development of sampling matrix for site (not applicable)
a. sampling stations will be identified through side scan and GIS
i. unknown objects
ii. sediment type (depth and extent)
5. Visual confirmation through SCUBA and video (not applicable)
a. divers or drop video will confirm all unknown objects and sediment type for
each sampling station identified
i. water quality at surface and bottom
1. salinity, dissolved oxygen, temperature, secchi disk
ii. object type
iii. water depth
iv. predominant sediment type RECEIVED
v. predominant sediment depth (up to 7 feet)
6. Materials will be identified based on MAY 12 2014
a. availability
b. sediment type
c. durability and stability DCM-MHDCrrS
7. All data will be utilized in GIS to develop comprehensive map of proposed
construction
Page 15
RECEIVED
DCM WILMINGTON, NC
APR 2 9 2014
Sitting methods
After a permit has been approved, sifting of reef materials will begin. As previously
mentioned, the primary construction will be performed by a marine contractor. Though no
specific marine contractor has been identified for this project, similar projects have been
successfully accomplished and are the standard operating procedure. The process is outlined
with examples.
• Site evaluations and/or side scan sonar mosaics of reef site are used to determine
appropriate patch reefs within reef site boundary
o GPS coordinates are identified to develop a patch reef boundary
• Support vessels use onboard GPS to deploy high profile visual marking floats to identify
deployment locations
• Artificial Reef personnel continually monitor location of deployment vessel to insure
accuracy
• The deployment support vessel may use onboard side imaging sonar or side scan sonar
equipment to accurately mark boundaries of patch reef and gather accurate GPS
numbers to add to material database
. RECEIVED
Section 3 " MAY 12 2014
C
Essential Fish Habitat, Habitat AreasD�1,
Particular Concerns and Managed Species
Table 1 shows the categories of EFH and Habitat Areas of Particular Concern (HAPC)
for managed species which are identified in the Fishery Management Plan Amendments of the
South Atlantic Fishery Management Council (SAFMC) and which may occur in southeastern
Atlantic states. Table 2 lists fish species by life history stages which may occur in the vicinity of
the project area and are managed under SAFMC. Specific fish and invertebrate species likely
associated with the reef site during one or more of the species life history stages are listed in
Table 3. These fish species and habitats require special consideration to promote their viability
and sustainability. The potential impacts of the proposed action on these fish and habitats can
be seen in Table 1 and are discussed below.
Nearshore Ocean Water Column
The nearshore ocean water column is defined as a medium of transport for nutrients,
larvae and migrating organisms between river systems and the open ocean. The impact of this
project is expected to be permanent and utilize space within the water column which may in turn
alter currents and velocities in the immediate vicinity. This project will not impede the flow of
waters to or from wetland areas nor the ocean waters. This project intends to add hard
substrate on which multiple organisms, including encrusting species (algae, oysters, mussels,
tunicates, corals, etc), motile invertebrates (crabs) and finfish (both transient and resident
species) may utilize at multiple life stages from spawn through adult. The addition of hard
substrate will enhance the available habitat used by the finfish assemblages and the ass 2te�d EIVED
Page 6 DCM WILMINGTON, NC
APR 2 9 2014
encrusting community. Increasing the available habitat should help increase the available stock
of reef associated species. Any impacts on the epibenthic community are expected to be
minimal and short term.
Table 1. Categories of Essential Fish Habitat and Habitat Areas of Particular Concern in
Southeast United States (') (N/A= Not Applicable; NS = Not Significant)
Present within Impacts from
ESSENTIAL FISH HABITAT or adjacent to enhancement of ocean
project area artificial reefs
Estuarine Areas
1. Aquatic Beds
N/A
N/A
2. Estuarine Emergent Wetlands
N/A
N/A
3. Estuarine Scrub/shrub Mangroves
N/A
N/A
4. Estuarine Water Column
N/A
N/A
5. Intertidal Flats
N/A
N/A
6. Oyster Reefs & Shell Banks
N/A
N/A
7. Palustrine Emergent & Forested Wetlands
N/A
N/A
8. Seagrass
N/A
N/A
Marine Areas
9. Artificial/Manmade Reefs
YES
NO
10. Coral & Coral Reefs
NO
N/A
11. Live/Hard Bottoms
YES
NS
12. Sargassum
NO
N/A
13. Water Column
YES
Permanent
Page 17
RECEIVED
MAY 12 2014
DC Adv u0 CITY
RECEIVED
DCM WILMINGTON, N
APR 2 9 2014
Table 1 cont. Categories of Essential Fish Habitat and Habitat Areas of Particular Concern in
Southeast United States (') (N/A = Not Applicable; NS = Not Significant)
GEOGRAPHICALLY DENFINED HABITAT
AREAS OF PARTICULAR CONCERN
Present within
or adjacent to
project area
Impacts from
enhancement of ocean
artificial reefs
Area -Wide
14. Council -designated Artificial Reef
Special Management Zones
NO
N/A
15. Hermatypic (reef -forming) Coral Habitat &
Reefs
NO
N/A
16. Hard Bottoms
YES
NO
17. Hoyt Hills
NO
N/A
18. Sargassum Habitat
NO
N/A
19. State -designated Areas Important for
Managed Species
NO
N/A
20. Submerged Aquatic Vegetation(SAV)
NO
N/A
North Carolina
21. Big Rock
NO
N/A
22. Bogue Sound
NO
N/A
23. Cape Fear, Lookout & Hatteras (sandy shoals)
NO
NO
24. New River
NO
N/A
25. The Ten Fathom Ledge
NO
N/A
26. The Point
NO
N/A
'Areas shown are identified in Fishery Management Plan Amendments of the South Atlantic
Fishery Management Council and are included in Essential Fish Habitat: New Marine Fish
Habitat Mandate for Federal Agencies. February 1999. (Tables 6 and 7). RECE M
MAY 12 2014
DCM MDCtT9
Page 18
RECEIVED
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APR 2 9 2014
Table 2. Essential Fish Habitat (EFH) Species nearshore Atlantic Ocean, Onslow, North
Carolina.
Source: E = Eggs; L = Larval; J = Juvenile; A = Adult; N/A = Not Found
EFH Fish Species
Water Body
EFH Fish Species
Water Body
Atlantic Ocean
Long Bay
Atlantic Ocean
Long Bay
Bluefish
ELA
Gray triggerfish
E L J A
Summer flounder
LJA
Yellow jack
E L J A
Gag grouper
J A
Blue runner
E L J A
Gray snapper
L J
Crevalle jack
E L J A
Dolphin
L J
Bar jack
L J A
Cobia
E L J A
Greater amberjack
L J A
King mackerel
LJA
Lesser amberjack
JA
Spanish mackerel
LJA
Almaco jack
J A
Black sea bass
LJA
Banded rudderfish
J A
Spiny dogfish
J A
Spadefish
L J A
Brown shrimp
ELA
White grunt
L J A
Pink shrimp
ELA
Hogfish
N/A
White shrimp
ELA
Puddingwife
L J A
Atlantic bigeye tuna
N/A
Blackfin snapper
N/A
Atlantic bluefin tuna
N/A
Red snapper
N/A
Skipjack tuna
N/A
Cubera snapper
N/A
Yellowfin tuna
N/A
Silk snapper
N/A
Little tunny
A
Blueline tilefish
N/A
Shortfin mako shark
N/A
Sand tilefish
N/A
Blue shark
N/A
Bank sea bass
N/A
Spinner shark
J A
Rock sea bass
N/A
Page 19
RECEMD
FiE6EIVED
DCM WILMINGTON, NC
DCM•MHD Crry APR 2 9 2014
Table 2 cont. Essential Fish Habitat (EFH) Species nearshore Atlantic Ocean, Onslow Bay,
North Carolina.
EFH Fish Species
Water Body
EFH Fish Species
Grasby
Water Body
Atlantic Ocean
Long Bay
Atlantic Ocean
Long Bay
Swordfish
N/A
N/A
Blue marlin
N/A
Coney
N/A
White marlin
N/A
Red hind
N/A
Sailfish
A
Goliath grouper
A
Calico scallop
N/A
Red grouper
N/A
Scalloped hammerhead
shark
J A
Misty grouper
N/A
Big nose shark
J A
Warsaw grouper
N/A
Black tip shark
J A
Snowy grouper
N/A
Dusky shark
J A
Yellowmouth grouper
N/A
Night shark
N/A
Scamp
J A
Sandbar shark
J A
Speckled hind
N/A
Silky shark
N/A
Sheepshead
E L J A
Tiger shark
J A
Red porgy
N/A
Atlantic sharpnose shark
J A
Longspine porgy
E L J A
Longfin mako shark
N/A
Scup
J A
Whitetip shark
N/A
Thresher shark
J A
RECEIVED
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DCM WILMINGTON, NC
APR 2 9 2014
Table 3. Species list and life history index for nearshore Atlantic Ocean, Onslow Bay, North
Carolina, AR-360.
Source: NCDMF and NMFS, Beaufort, North Carolina, October 1999.
E = Eggs; L = Larval; J = Juvenile; A = Adult; N/A = Not Found
EFH Fish Species
Water Body
EFH Fish Species
Water Body
Atlantic Ocean
Long Bay
Atlantic Ocean
Long Bay
Striped bass
A
Largemouth bass
N/A
Yellow perch
N/A
Chain pickerel
N/A
White perch
N/A
Redfin pickerel
N/A
American shad
A
Channel catfish
N/A
Alewife
A
White catfish
N/A
Blue back herring
A
Bull catfish
N/A
Atlantic menhaden
J A
Redear sunfish
N/A
Atlantic thread herring
J A
Pumkinseed sunfish
N/A
Hickory shad
A
Atlantic sturgeon
A
Gizzard shad
A
Shortnose sturgeon
A
Spotted seatrout
A
Sea lamprey
A
Weakfish
A
Tarpon
A
Red drum
A
Ladyfish
A
Black Drum
L J A
Spotfin mojarra
A
Spot
L J A
Bay anchovy
A
Atlantic croaker
L J A
Crevalle jack
A
Banded killifish
N/A
Fat Sleeper
N/A
Atlantic silverside
A
Freshwater goby
N/A
Inland silverside
N/A
Naked goby
A
Longnose gar
N/A
American eel
J A
e RECErft
MAY 12 ?n14
UEIVED
P 11
age I DCM>pCrrY DCM WILMINGTON, NC
APR 2 9 2014
Table 3 cont.. Species list and life history index for nearshore Atlantic Ocean, Long Bay, North
Carolina, proposed artificial reef, AR430.
Bowfin
N/A
Bluefish
E L J A
Bay whiff
N/A
Spanish mackerel
E L J A
Hogchoker
N/A
Spadeflish
E L A
Southern flounder
J A
Gray snapper
J
Summer flounder
J A
Sheepshead
E L J A
Gulf flounder
J A
Pinfish (inshore)
E L J A
White shrimp
ELA
Spottail pinfish
E L J A
Brown shrimp
ELA
Striped mullet
E L A
Pink shrimp
ELA
White mullet
fw L , MVM
stingray
J A
---TAtlantic
Bull shark
`AY 12 2
Intertidal Flats
014
DCM-MHDCITY
This proposed ocean reef site is not in proximity to intertidal flats of Pamlico Sound and
associated tributaries, thus no impacts are anticipated.
Oyster Reefs and Shell Banks
These natural habitat types are not present in the immediate area of this project, thus no
impacts are anticipated.
Seagrass and Submerged Aquatic Vegetation (SAV)
No seagrass/SAV is located within the proposed project area, thus no impacts are
anticipated.
State —Designated Areas Important for Managed Species
Primary and Secondary Nursery Areas are designated by the NC Marine Fisheries
Commission and are defined as tidal saltwater areas that provide essential habitat for the early
development of commercially important fish and shellfish. This project is located in nearshore
ocean waters and is beyond both primary and secondary areas, thus this project will not have
adverse impacts on these areas.
Cape Fear, Lookout & Hatteras (sandy shoals)
The Mid -Atlantic Fishery Management Council has designated the areas of Pamlico
Sound adjacent to Hatteras and Ocracoke Islands as important nursery and pupping grounds
for the sandbar shark. Sandbar sharks are known to seasonally migrate along the eastern
coastal United States. Juvenile sandbar sharks remain in shallow waters until late fall atR E I V EI7
Page 112
DCM WILMINGTON, NC
APR 2 92U14
time they move south and further offshore, and return in the summer months (FLMNH 2O03).
Deploying materials on this reef site will not impact the sandbar shark HPAC.
Unconsolidated Soft Bottom
Surface sediments of a soft bottom can act as habitat for a variety of microscopic plants
and benthic epifauna/infauna species. These organisms may serve as food sources for other
organisms, and in turn are prey items for larger, economically important fishery species such as
red drum, summer and southern flounder, spot, Atlantic croaker, weakfish, and striped bass.
The project area consists of subtidal hard/firm bottom with depth of —44ft MLLW.
The activities proposed have been demonstrated to have minimal affects overall on this
EFH type, but it is important to consider post -settlement growth that may occur in these areas.
This habitat serves many life history stages for a multitude of species. These and future reef
construction activities will allow for the majority of the site's area to remain as undisturbed
bottom and allow for a heterogeneous bottom that should increase diversity through the
transition of two or more habitats known as "edge effect" (See Impact Summary for Essential
Fish Habitat). These organisms may be indirectly and minimally affected by filling of the
substrate. Given the mobility of the organisms and the extensive areas of soft bottork Wa
of disturbance is likely to have no significant adverse effects. P
MAY 12 2014
Additional Project Area Concerns
In addition to EFH species in Table 1, prey species such as spot, croaker, tlyamqyt¢bgw
Atlantic silverside, and pinfish may also occupy the waters of this site in Onslow Bay ocean
waters during these species different varying life stages. The proposed project will not
adversely affect prey species populations, and should benefit these populations as a result of
the increase in hard substrate.
Impact Summary for Essential Fish Habitat
The objectives of this project are to enhance, expand and develop a reef site within the
ocean system of North Carolina for the restoration/conservation of essential fish habitat.
Artificial/manmade reefs are deployed to change habitats from a soft substrate to a hard
substrate system and/or to add vertical profile. These reefs are generally deployed to provide
fisheries habitat in a desired location that provides some measurable benefit to several different
species as well as humans. When manmade reefs are constructed, they provide new hard
substrate similar in function to newly exposed hard bottom (Goren 1985). Aside from the often
obvious differences in the physical characteristics and nature of the materials involved in
creating a manmade reef, the ecological succession and processes involved in the
establishment of the encrusting assemblages (i.e. oysters, barnacles, tunicates, coral, sponges,
hydroids and alga) occur in a similar fashion on natural hard substrates and man -placed hard
substrates (Wendt et al. 1989). Finfish use natural and manmade hard substrates in very
similar ways and often interchangeably (Sedberry 1988). The changes in species composition
and local abundance of important species in a specific area are often seen as the primary
benefits of artificial reef enhancement activities.
Additional benefits of artificial/manmade reefs placed on sandy or muddy soft bottoms
are the increase of diversity and edges. The increase of biotic diversity is accomplished by
adding hard substrate where none existed. This in turn will attract organisms that settle on hard
bottom but cannot settle on a shifting sand bottom, and in turn attract predators that feed on
these sessile organisms. Edges can be described as areas of transition between habitat types.
Edges can also create areas of high diversity, more so than over continuous areas of onN EC E I V E D
Page 113
DCM WILMINGTON, NC
APR 2 9 2014
habitat type. This has come to be known as the edge effect principle. The edge created by
deploying multiple patch reefs of hard substrate onto a soft bottom habitat may also create a
habitat of its own. The edge habitat is a culmination of the two habitats (i.e. soft and hard
substrates) because it is inhabited by a characteristic subset of species from those habitats.
This has been observed on reefs where reef fishes congregate to graze on algae and are
afforded the sense of security. Sheepshead, on the other hand, patrol the edge of the substrate
foraging out into the soft bottom habitat but continuously return to hard substrate. Therefore
creating these edge effects allows species from both habitats to inhabit the area, increasing
diversity at the location.
The physical characteristics of manmade reef habitat may result in differences in the
observed behavior of fish species on or around such structures in contrast to behavior observed
on equivalent areas of natural hard bottoms (Bohnsack 1989). Some reef structures,
particularly those of higher profile, seem to yield generally higher densities of managed and
non -managed species than a more widely spread, lower profile, natural hard bottom (Roundtree
1989).
The ecological role of the reef as structure, providing food and protection, contribute to
its value as a critical fisheries habitat. The three-dimensional reef provides more area for
attachment of oysters and other sessile organisms and creates more habitat niches than occur
on the surrounding flat or soft bottom habitat. Clams, mussels, anemones, polychaetes,
amphipods, sponges, and many species of crabs are part of the reef community. The
invertebrates recycle nutrients and organic matter and are prey for many finfish. Red and black
drum, gag, black sea bass, sheepshead, pinfish, weakfish, spotted seatrout, Atlantic spadefish,
summer and southern flounder, oyster toadfish, and other finfish are frequent members of the
reef community.
Artificial/manmade reefs are known to promote extensive invertebrate communities and
enhance habitat for reef fish and other fish species, including cryptic, tropical, and recreational
gamefish species of significance. The success of a reef and its contributions to stock
enhancement varies geographically and is determined by a wide range of complex parameters,
including existing habitat, physical limitations, material design, reef configuration, reef
management, and the health of the targeted species complex, which in turn is reliant on
effective fisheries management whether local, regional or national. This potential is further
enhanced since domestic reef programs today possess better information, improved technology
and are more focused in using these tools towards specific stock enhancement and fishery
management needs.
For species which may be to some degree habitat -limited, the establishment of
additional suitable habitat targeted to specific life -history stages may improve survival.
Additional manmade habitat designed specifically to promote survival of targeted species in
"protected" areas could potentially enhance existing ecosystems or create new ones to fill in
gaps where essential fish habitat had been damaged, lost, or severely over -fished. Perhaps the
most important contribution that manmade reef technology can provide for fisheries
management efforts would be to create additional habitat and fisheries to mitigate user groups
for perceived loses due to hurricanes, disease, overfishing, and habitat loss.
Deployment sequencing and distance from known pupping grounds will help negate
impacts to the nursery/pupping grounds for the sand bar shark. Other free swimming organisms
will be able to avoid the area directly affected by project activities and move to other soft bottom
habitat and thus impacts to these organisms shall be minimal. Any temporary impacts to these
organisms will be outweighed by the benefits of providing additional hard substrate by
increasing food resources, available hard substrate, potential spawning habitat, etc to the
system.
Some impacts to EFH will be permanent since the deployment of reef material onto
bottom will change the availability of the bottom under the &YK6 The other impact is th02sC: EI V ED
Page 114 DCM WILMINGTON, N(
MAY 12 ?014 APR 2 9 2014
of water column due to the "profile" of the reefs being built, although permanent, water flow
impediment will be minimal.
In contrast to the permanent impacts to the existing EFH, the ecological functions of
ocean reefs are numerous and may become an essential component of the offshore hard
bottom system. While a few EFH types will be subject to temporary impacts and other EFH
categories will have permanent impacts, these disturbances are trade-offs that will increase
biomass of finfish species to help restore populations, create habitat in a hard substrate limited
system and support high diversity and multiple ecological functions. Enhancement of existing
ocean reefs or development of new ocean reefs is not expected to cause any significant
adverse impacts to any managed species and in fact will hopefully facilitate the revitalization of
Onslow Bay and its beneficiaries.
Section 4
Artificial Reef Material Categories
Materials identified for use in artificial reef construction have been reviewed by the NC
artificial reef program to determine adequate stability and durability, are made of suitable
materials that will not pose a threat to wildlife, are deployed safely and effectively, and follow
guidelines for suitable artificial reef materials published by the Gulf and Atlantic States Marine
Fisheries Commissions (Lukens & Selberg 2004). Materials identified here do not encompass
the full range of potential materials. This is intended to be a living document due to the dynamic
nature of reef construction. Materials may be added or removed to this list as views concerning
what are "acceptable" material changes, and this does not constitute a complete listing of all
materials. This document is not intended to promote, encourage or exclude the use of particular
materials, rather to give a comprehensive classification of potentially acceptable materials. All
materials used are clean of contaminates prior to deployment following required regulations
specific to the type of material.
Page 115
RECEIVED
MAY 12 2014
DCM-MHD CITY
RECEIVED
DCM WILMINGTON, N
APR 2 9 2014
Article I. Concrete and related
Section 1.01 Designed reef modules
(a) Reef BallsTM' Waffle Crete, Hex cones, Reefmaker Pyramids and EcoSystems, etc
(i) These materials are generally units weighing less than 1 ton, non -reinforced or
fiber reinforced, and have been designed for use in artificial reef construction.
Section 1.02 Pre -Cast
(a) Box culvert, wet well sections, catch basins, knockout boxes, wing walls, buoy
sinkers (USCG and DMF), reinforced concrete pipe (RCP).
(i) These materials are generally units weighing less than 2 tons, can be reinforced
with metal rebar or wire mesh, and were designed for applications other than
reef material
Section 1.03 Scrap
(a) Rubble, slab, bridge railing, dock panels, curb, sidewalk, storm RCP, crushed
concrete, and ferro cement vessels
(i) Various dimensions and weights, may or may not be reinforced, and may have
been removed from a construction site. These may be reduced in size or whole.
These materials are clean of any contaminates (hydrocarbons, etc) before
deployment.
Article II. Fiberglass
(a) Boat molds have been uses in ocean and estuarine reef construction projects
however are no longer considered acceptable and are prohibited through ACOE
permit.
Article III. Natural
Section 3.01 Rock
(a) Lime stone, marl, granite, stone dredge material
(i) Natural materials that are mined from the earth, these materials are stable and
durable.
Section 3.02 Shell RECEIVED
(a) Mollusk (clam, oyster, whelk)
(i) Harvested from natural organisms made of calcium carbonate MAY 12 2 (" 4
Article IV. Metal
ACM-MHD CITY
Section 4.01 Vessels
(a) Trawler, freighter, barge, tanker, crew boat, tug, military, motor vessel, sailboat,
etc
(i) Vessels are of various sizes and profiles, and will be noted for individual
minimum vertical clearance
Section 4.02 Military Equipment
(a) Tanks, armored personnel carrier
Page 1 16
RECEIVED
DCM WILMINGTON, NC
APR 2 9 2014
(i) Equipment of various sizes and profiles, and will be noted for individual
minimum vertical clearance. Military equipment is known to hold up well do to
their rugged construction.
Section 4.03 Bridge components
(a) Bridge span, etc
(i) Spans are typically obsolete swing bridge spans. Spans and other components
have been cleaned of hydrocarbons, asphalt, etc. These can be in whole
components or reduced form.
Section 4.04 Aircraft
(a) Fixed wing, helicopter (Military and Civilian)
(i) Some aircraft construction is very rigorous due to the high stress tolerances of
flight.
(ii) Some aircraft construction is unsuitable, i.e. large cargo plane and helicopter
airframes.
Page 117
RECEIVED
h
MAY 12 2014
DCWI• -11DCITY
RECEIVED
DCM WILMINGTON, NC
APR 2 9 2014
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Figure 1: AR-360 Topsail Reef
Artificial Reef AR-360 is located off Topsail Beach in Pender Canty, approximatety 3
nautical miles northeast of New Topsail Inlet in 44 feet of seawater.
LegeM
V AR_Buoys
105 Aa
0 12.5 25 50 Nmbcal Miles t wsllkw .I Ok n_Basemap
l l t4J1Eer
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NC DUF Arbfinal Reef Pmgr
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Page 1 of 4 - at,
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.kt. RECEIVED
MAY 12 2014
DCM•MHD CITY RECEIVED
Page 18 DCM WILMINGTON, NC
APR 2 9 2014
Figure 1: AR-360 Topsail Reef Legend
Artificial Reef AR-360 is located off Topsail Beach in Pendef County, approximately 3 105Acres
nautical miles northeast of New Topsail Inlet in 44 feet of seawater
a 0.5 1 2 Nautical Wes or"W
I I I I I I I 1 11 pe�
NC DUF Artifical Reef Program +
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Page I of 4 Eat, GEBCO,
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Page 1 19
RECEIVED
MAY 12 ?W'
DC,M-MHDCITy
Literature Cited
Bahr, L.M. and W.P. Lanier. 1981. The ecology of intertidal oyster reefs of the South
Atlantic coast: a community profile. U.S. Fish and Wildlife Service, Office of
Biological Service, Washington, D.C. 105pp.
Bohnsack, J. 1989. Are high densities of fishes at artificial reefs the result of habitat
limitation or behaviorial preference? Bulletin of Marine Science 44(2): 631-645.
Dame, R. F. and N. Dankers. 1988. Uptake and release of materials by a Wadden Sea
mussel bed. Journal of Experimental Marine Biology and Ecology 118:207-216.
Dame, R. F., J.D. Spurrier, and T.G. Wolaver. . 1989. Carbon, nitrogen, and phosphorus
processing by an oyster reef. Marine Ecology Progress Series 54: 249-256.
Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, B. Boutin. 2010. North Carolina Coastal
Habitat Protection Plan. North Carolina Department of Environment and Natural
Resources. Division of Marine Fisheries, NC. 639 pp.
Florida Museum of Natural History. 2003 (FLMNH). http://www.flmnh.ufl.edu
Goren, M. 1985. Succession of benthic community on artificial substratum at Elat (Red Sea).
Journal of Experimental Marine Biology and Ecology 38: 19-40.
Grabowski, J.H., D. Pettipas, M.A. Dolan, A.R .Hughes, and D.L.Kimbro. 2000. The
economic and biological value of restored oyster reef habitat to the nursery function
of the estuary. NC Sea Grant, Morehead City, NC, FRG # 97-EP-6, 29p.
Harding, J.M., R. Mann. 2001. Oyster reefs as fish habitat: opportunistic use of restored
reefs by transient fishes. Journal of Shellfish Research 20(3):951-959.
Lehnert, R.L., D.M. Allen. 2002. Nekton use of subtidal oyster shell habitat in Southeastern
U.S. estuary. Estuaries 25(5):1015-1024.
Lenihan, H.S., C.H. Peterson, J.E. Byers, J.H. Grabowski, G.W. Thayer, and D.R. Colby.
2001. Cascading of habitat degradation: oyster reefs invaded by refugee fishes
escaping stress. Ecological Applications 11(3):764-782.
Lukens, R.R. and Selberg, C. February 2004. Guidelines for Marine Artificial Reef Materials,
Second Edition. GSMFC. Ocean Springs, MS.198pp.
Orlando, S. P. Jr., C. J. K. P.H. Wendt, M.E. Pattillo, K.C. Dennis, and G.H. Ward. 1994.
Salinity characteristics of South Atlantic estuaries. National Oceanic and
Atmospheric Administration, Office of Ocean Conservation and Assessment, Silver
Springs, MD, 117p.
Roundtree, R.A. 1989. Association of fishes with fish aggregation devices: effects of
structure size on fish abundance. Bulletin of Marine Science 44:960-972.
Sedberry, G. R. 1988. Food and feeding of Black Sea Bass, Centropristis striate, in live
bottom habitats in the South Atlantic Bight. Journal of the Elisha Mitchell Scientific
Society 104:35-50.
Wendt, P. H. , D. M. Knott, and R. F. Van Dolah . 1989. Community structure of the sessile
biota on five artificial reefs of different ages. Bulletin of Marine Science 44:1106-
1122. g RECEIVED
MAY 12 ;
Page 120 DCM-MHD CITY
Appendix A. EPA letter stating use of cremated remains through Eternal Reefs Inc.
fO T+ m
T A
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
\\T//
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-0960
Don Brawky
Eternal Reefs, Ina:. June 23, 1999
1066 Berkeley Road
Avondale Estates, GA 30002
Dear Mr. Brawky:
Thank you for your June 17. 1999 letter concerning the potential for
environmental impacts due to the use of cremated human remains used as an ingredient in
concrete reef structures.
The use of any acceptable materials for the construction of artificial reef structures
is considered to be fisheries enhancement and is, therefore, exempt from ocean dumping
regulations as per 40 CFR Sulx:hapter H — Ocean Dumping, Part 220. Artificial reef siting
and construction is permitted by the U.S. Army Corps of Engineers and managed by the
respective state within whose waters the reek are located.
The U.S. Environmental Protection Agency does not support the use of materials
for the creation of fisheries habitat that have the potential to release toxic substances in
concentrations or amounts sufficient to cause an unacceptable adverse impact to the
marine environment. The cremated human remains are used in small amounts as an
additive to concrete reef structures and are relatively benign chemically. Additionally, the
stability of the concrete structures results in a low probability that substances therein will
be available to the marine environment. As such we can find no reason to believe that any
unacceptable environmental impact is likely as a result of the use of cremate human
remains in concrete artificial reef structures.
If you have any additional questions or comments please call me at (404) 562-9397
or Chris McArthur at (404) 562-9391.
S1 ,
Roland E. Ferry
Coastal Programs
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